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Decision Text

ARMY | DRB | CY2007 | AR20070004173aC071121

Application Receipt Date: 070323

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he wants to go back into the
Army.

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: 020724
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: United States Army Dental Activity, Fort Polk, LA  71459

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010921, Operating a passenger car
while drunk (010729), (Field Grade)

000811, General Officer Letter of Reprimand-for driving while intoxicated
(000727), (Administrative)

010906, General Officer Letter of Reprimand-for driving while intoxicated
(010906), (Administrative)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  770214
Current ENL Date: 970402    Current ENL Term: 6 Years       
Current ENL Service: 5 Yrs, 3 Mos, 23 Days      
Total Service:  5 Yrs, 3 Mos, 23 Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 71L10 Administrative Specialist   GT: 100   EDU: HS Grad   Overseas:
Korea (971116-981112)   Combat: None
Decorations/Awards: GCMDL, 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 21 June 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—commission of
a serious offense (you were arrested for driving while under the influence
of alcohol on 27 July 2000 and 29 July 2001, and on 27 April 2002, you were
arrested off post for disturbing the peace), 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.  On 26
June 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 was command referred to the Alcohol Drug Abuse and
Control Program (ADAPCP) due to his 27 July 2000, DWI.  Also, the applicant
has a Military Police Report dated (010730) 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, 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, if
the applicant desires to reenlist, he should contact the local recruiter to
determine his eligibility to reenlist.  Those individuals can best advise a
former service member as to the needs of the Army at the time, and are
required to process waivers of reentry eligibility (RE) codes.  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: 1 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: None

Witnesses/Observers: None

Exhibits Submitted: None



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 1    No change 4   - 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, hearing his testimony and considering
the analyst’s recommendation and rationale, the Board determined that the
discharge was both proper and equitable, and 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: 19 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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