Applicant Name: ?????

Application Receipt Date: 070711	

Prior Review    Prior Review Date: None

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

Issues: "I am attending school to better myself & my education.  I would like my GI bill funding so I can help asst. with school."

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: 060620   
Chapter: 14-12A    AR: 635-200
Reason: Misconduct (Minor Infractions)
RE:     SPD: JKN
Unit/Location: USAINSCOM, HQ, 513th MI Bde, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051206, Failure to go to appointed place of duty (051128); Extra duty and restriction for 10 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  82/10  
HOR City, State: Miami, FL
Current ENL Date: 051106    Current ENL Term: 4 Years  ?????
Current ENL Service: 00 Yrs, 07 Mos, 11 Days ?????
Total Service:  03 Yrs, 03 Mos, 16 Days ?????
Previous Discharges: RA 030305-051105/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92G  Food Service Operations   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Iraq (041118-051108)
Decorations/Awards: ARCOM, AGCM, NDSM, Iraq Campaign Medal, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 31 May 2006, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for displaying a pattern of misconduct consisting of serious disciplinary infractions, for having received Article 15s for positive urinalysis (040624) and failure to report (051206), with a general under honorable conditions discharge.  The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and did submitted 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 9 June 2006, 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 record contains a Military Police report dated 9 January 2006.

      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, however, a general 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 determined that the characterization of service is improper. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the analyst does not condone the Applicant’s misconduct, the evidence of record shows that the approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the Applicant’s discharge.  Consideration of such evidence is improper unless the Applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst recommends that the Applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 16 July 2008              
Location: Washington, D.C.

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 4    No change 1   - 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 approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the Applicant’s discharge.  Consideration of such evidence is improper unless the Applicant is granted a fully honorable characterization of service.  In view of the foregoing, the Board determined that the characterization of service was improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.    

								        
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: 16 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009643
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