Application Receipt Date: 070222

Prior Review    Prior Review Date: 030806/Record

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

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

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: 021217
Discharge Received:     Date: 030106
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 584th Maintenance Company, 561st Corps Support Battlion,
Fort Campbell, KY

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010913/Disobeyed a lawful order
from a SSG (010810) and disobeyed a lawful order from a (SGT); two
specifications; (010813); (010813)/(Company Grade).

011019/Vacation of Suspension imposed on 010913 " Forfeiture of $243.00"
was vacated, due to applicant failing to go at the time prescribed to his
appointed place of duty on or about (010923).

Second Article 15: 021021/Disobeyed a lawful order from a (SSG) (020923);
assaulted a noncommissioned officer (020923); disobeyed a lawful order from
a SSG (020926); with intent to deceive, made an official statement which
was false (020926) and uttered a bad check (020619)/(Company Grade).

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  810807
Current ENL Date: 010103    Current ENL Term: 03 Years       
Current ENL Service: 02 Yrs, 00Mos, 04Days      
Total Service:  02 Yrs, 00Mos, 04Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 43M10 (Fabric Repairer Specialist)   GT: 93   EDU: HS Grad   Overseas:
None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: Stone Mountain, GA
Current Address: 1928 Kimberly Road SW
Atlanta GA 303310000
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 17 December 2002, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of
misconduct (was not at his place of duty at the time prescribed on 23
September 2001, disrespectful to an disobeyed a superior noncommissioned
officer on 10 August 2001, 13 August 2001, 23 September 2002, and 26
September 2002, with the intent to deceive made a false official statement
on 26 September 2002 and on 19 June 2002issued a bad check), 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 20 December 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.


      The applicant has a Civilian Police Report in file dated (021004).

      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.  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: 13 June 2007
Location: Atlanta

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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          No change         -
Character
                                   Change          No change         -
Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
     

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:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

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

Official:


MARY E. SHAW                      DATE: 15 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder