Application Receipt Date: 070131

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: NIF
Discharge Received:     Date: 030709
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 506th
Infantry Regiment (Air Assault), 2d Brigade, 2d Infantry Division, APO AP
96251

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030507/Violated a lawful general
regulation by staying off his assigned post during the prescribed hours of
curfew, resisting arrest, and disorderly conduct on or about
(030316)/(Company Grade)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  830207
Current ENL Date: 020305    Current ENL Term: 04 Years       
Current ENL Service: 01 Yrs, 04Mos, 05Days      
Total Service:  02 Yrs, 03Mos, 15Days (Applicant's DD Form 12e "Total Prior
Inactive Service" should read yrs 00, mos 11, days 10, based on applicant's
period of service in the USAR from 001205-011114 for a total service of yrs
02, mos 03, days 15)
Previous Discharges: USAR-001205-011114/UNC
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 91W10 (Health Care Specialist)   GT: 115   EDU: NIF   Overseas: Korea
 Combat: None
Decorations/Awards: NDSM, KDSM, ASR
V.  Post-Discharge Activity
Home of Record: Chesapeake, VA
Current Address: 1305 Melrose Pkwy 4
Norfolk VA 23508
Post Service Accomplishments: Applicant states that he is finishing
college, has good grades, and would like to become a dentist in the Air
Force or Army.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that 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
(receiving a negative counseling for failing to report to his appointed
place of duty on 8 December 2003; negative counseling for violation of 2d
ID pass and curfew policy, resisting apprehension and disobeying a
noncommission officer on 16 March 2003; negative counseling for disobeying
a noncommission officer on 21 and 22 March 2003; negative counseling for
failing to report to his appointed place of duty on 23 March 2003; negative
counseling for being late for duty , disrespectful to a noncommissioned
officer and disobeying a noncommission officer on 4 April 2003; negative
counseling for failing to notify his chain of command of a medical
appointment, failing to report to his appointed place of duty, and failing
to clean his living quarters on 9 April 2003), 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 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.  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, the
discharge is improper.  The analyst noted that the unit commander used
“Board Procedures” when notifying the applicant that he was initiating
action to separate him under the provisions of Chapter 14, AR 635-200, by
reason of misconduct.  By using “Board Procedures” the authority for
approval of the applicant’s separation rested with the General Court-
Martial Convening Authority.  The evidence of record shows that someone
other than the General Court-Martial Convening Authority approved the
applicant’s discharge.  In view of the foregoing, the discharge was
improper.  Accordingly, full relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to Secretarial Authority is recommended to
the Board.  This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 6 August 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Phil Riley
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Mr. Larry Provost/Observer

Exhibits Submitted: The applicant submitted several additional documents in
support of his personal appearance hearing.



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 5    No change 0   - 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
discharge was and is improper.  Accordingly, the Board voted to grant full
relief in the form of an upgrade of the characterization of service to
fully honorable and a change to the narrative reason for separation to
Secretarial Authority.  This action does not entail a change to the reentry
eligibility (RE) code.



















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: Secretarial Authority under the provisions of Chapter 5,
AR 635-200
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:


MARY E. SHAW                      DATE: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder