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: Lynchburg, VA  24502
Current Address: 517 Welsh Drive
Ruther Glen VA 22546
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 September 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: NA

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