Application Receipt Date: 070119	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293

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: 020212
Discharge Received:     Date: 020227   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Troop 5, 5th Squadron, 15th Cavalry Regiment, 1st Armor Training Brigade, Fort Knox, KY  40121 

Time Lost: AWOL, from 010730-010731), during his awol period the applicant was confined by the civil authorities from (010801-010815), he was charged with carjacking with intent to commit bodily harm, in Titusville, Florida, and was placed back into an awol status from (010816-010905), for a total of 37 days.

Article 15s (Charges/Dates/Punishment): 020205, Wrongfully used THC, Cocaine, Amphetamine, and MDMA, and D-Methamphetamine, between (011027-011125), (Field Grade) 

2nd Article 15, 020108, Disobeyed a lawful order from a SSG (011213), derelict in the performance of his duties, in that he willfully failed to write the 500 word essay he was required to complete for corrective training (011214), (Company Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830510  
Current ENL Date: 010413    Current ENL Term: 4 Years  ?????
Current ENL Service: 0 Yrs, 9 Mos, 8 Days ?????
Total Service:  0 Yrs, 9 Mos, 8 Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: Enlisted for/31U1 Signal Support Systems Specialist (Airborne). The applicant did not complete the requirements to be awarded a 19D Cavalry Scout MOS)   GT: 97   EDU: GED Certif   Overseas: None   Combat: None
Decorations/Awards: None Listed
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 16 January 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (committed a series of disciplinary infractions since his arrival in this unit, , to include disrespect, dereliction of duty, absent from place of duty, refusing to participate in training, and disobeying lawful orders from commissioned and noncommissioned officers. He is totally dismayed with the Army and unable to accept discipline and rules. His attitude and actions have been consistent with a person enlisted for the wrong reasons, and has consistently misbehaved and performed in an apathetic manner in an attempt to be discharged.  He is unwilling to conform to the required standards of conduct of a soldier in the US Army and has no potential to graduate as a 19D Cavalry Scout)with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  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 22 February 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

      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, 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 noted the applicant's issue, and that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
VII.  Summary of Army Discharge Review Board Hearing 

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

Did the Applicant Testify?  Yes     No  

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 0    No change 5   - 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.  

Case report reviewed and verified by: Mr. Ron Williams, 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: 21 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070000768

Applicant Name:  Mr.        
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