Application Receipt Date: 070305	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments

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: 040220
Discharge Received:     Date: 040318   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Z Troop, 2,nd Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO  80913 

Time Lost: AWOL x 2, from (030909-031003) and (040119-040120) for a total of 25 days.  However, the lost time was not taken from the applicant's net active service this period on his DD Form 214, item 12c or entered on his DD Form 214 item 29 (Time Lost).   

Article 15s (Charges/Dates/Punishment): 020618, with intent to deceive, made an official statement to a SFC, which was false (020402), and failed to go to his appointed place of duty (020516), (Company Grade) 

2nd Article 15, 031113, AWOL, from (030909-031003), (Company Grade)

3rd Article 15, 031202, failed to go to his appointed place of duty (031107), disobeyed a lawful command from a CPT (031108), disobeyed a lawful order from a SGT (031112), and with intent to deceive, made an official statement to a SSG, which was false (031112), (Company Grade)



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790606  
Current ENL Date: 010125    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 1 Mos, 24 Days ?????
Total Service:  3 Yrs, 1 Mos, 24 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 101   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (030410-030421), Iraq (030421-040102) and (030410-040102)
Decorations/Awards: NDSM, ASR, OSR
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 18 February 2004, 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 (you had numerous counselings regarding misconduct such as AWOL, disobeying a direct order from your superior commissioned officer, lying to a noncommissioned officer and breaking restriction), with an 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, waived consideration of his case by an administrative separation board 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 3 March 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.  
      
      The applicant has a Military Police Report dated (030929) in his OMPF

      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 several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service, to include his combat service and the circumstances surrounding the discharge mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge remains both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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
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 characterization of service was too harsh and as a result, it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  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: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070003561

Applicant Name:  Mr.        
______________________________________________________________________


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