Application Receipt Date: 070111

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See applicant's attached DD Form 293 and supporting documents.

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 030722
Discharge Received:     Date: 030807
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Headquarters and Headquarters Company, United States Army
Garrison, Fort Irwin, CA 92310

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030320/Disobeying a lawful command
from a (LTC) not to operate a motor vehicle with his driving privileges
suspended on or about (030201)/(Field Grade)

021127/Memorandum of Reprimand-for driving under the influence on (021007)/
(Administrative)

030310/Memorandum of Reprimand-for driving under the influence on (030131)/
(Administrative)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  680427
Current ENL Date: 010904    Current ENL Term: 04 Years       
Current ENL Service: 01 Yrs, 11Mos, 04Days      
Total Service:  17 Yrs, 06Mos, 20Days      
Previous Discharges: RA-920723-950223/HD
                                      RA-950224-970519/HD
                                      RA-970520-010903/HD
Highest Grade: E6
Performance Ratings Available: Yes    No
MOS: 92Y2H (Supply Sergeant)   GT: 97   EDU: 13 Years   Overseas: Korea,
Germany, Southwest Asia   Combat: Kuwait (910715-911125)
Decorations/Awards: ARCOM (4th Award), AAM (8th Award), AGCM (2d Award),
NDSM (2d Award), SWASM, NCOPDR, ASR, OSR (2d Award), KLM (SA), KLM (KU) Air
Assault Badge
V.  Post-Discharge Activity
Home of Record: Woodstock, GA
Current Address: 307 Water Ridge Ct
Woodstock GA 30188
Post Service Accomplishments: Applicant states he is currently enrolled as
a full time student at American Inter Continental University, majoring in
Criminal Justice and maintaining a 3.72 GPA, and that in April of 2006 he
was reinstated as a member of the Georgia Army National Guard.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 July 2003, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of
a serious offense (apprehended by military police for driving under the
influence of alcohol on two occasions; 7 October 2002 with a blood alcohol
content of .15% and on 31 January 2003 with a blood alcohol content of
.20%), with a under other than honorable conditions discharge.  He was
advised of his rights.  The applicant consulted with legal counsel, was
advised of the impact of the discharge action, voluntarily waived
consideration of his case by an administrative separation board contingent
upon him receiving a characterization of service no less favorable than a
general, under honorable conditions discharge and did  submit a statement
in his own behalf, which was not found in the available record.  The unit
commander subsequently recommended separation from the service and waiver
of further rehabilitative efforts.  The intermediate commander reviewed the
proposed discharge action and recommended approval of the separation action
with a general, under honorable conditions discharge.  On 24 July 2003, the
separation authority directed that the applicant be discharged with a
characterization of service of general, under honorable conditions.


      The applicant has a Military Police Report dated 31 January 2003, in
his Official Military Personnel File.

      b.  Legal Basis for Separation:
      Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
and commission of a serious offense, to include abuse of illegal drugs,
convictions by civil authorities and desertion or absence without leave.
Action will be taken to separate a member for misconduct when it is clearly
established that rehabilitation is impractical or unlikely to succeed.
Army policy states that an under other than honorable conditions discharge
is normally considered appropriate, but a general discharge under honorable
conditions or an honorable discharge may be granted.

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s military records,
documents, and the issue he submitted, the analyst found no mitigating
factors that would merit an upgrade of the applicant's discharge.  The
applicant’s discharge was appropriate because the quality of his service
was not consistent with the Army's standards for acceptable personal
conduct and performance of duty by military personnel.  By his misconduct,
the applicant diminished the quality of his service below that meriting a
fully honorable discharge.  The applicant provided no independent
corroborating evidence demonstrating that either the command's action was
erroneous or that the applicant’s service mitigated the misconduct or poor
duty performance.  Furthermore, the analyst found no evidence of arbitrary
or capricious actions by the command.  The analyst was satisfied that all
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.  Therefore, the
reason for discharge and the characterization of service remains both
proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 10 September 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Mr. Larry Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Ms. Lolita Smith (Wife)

Exhibits Submitted: The applicant submitted 10 additional documents, in
support of his testimony.



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                 Change 5    No change 0   - Character
                                   Change 0    No change 5   - Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
characterization of service was too harsh, and as result it is now
inequitable.  The Board found that the overall length and quality of the
applicant's service, the circumstances surrounding the discharge, and his
post service accomplishments mitigated the discrediting entries in his
service record.  Accordingly, the Board voted to grant relief in the form
of an upgrade of the characterization of service to fully honorable.
However, the Board determined that the reason for discharge was both proper
and equitable and voted not to change it.


















Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


CHRISTINE U. MARTINSON            DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder