Applicant Name: ?????

Application Receipt Date: 070726	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 061229
Discharge Received:     Date: 070310   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: A Btry, 1-15 FA, APO AP 96224 

Time Lost: AWOL x 2 for 15 days (060613-060613) and (060801-060814), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 061023, broke restriction (060611), disorderly conduct (060730), and AWOL (060801-060815), forfeiture of $636 x 2 (suspended), extra duty for 45 days and restriction for 45 days (FG).

060526, disobeyed a lawful command from a CPT (060325), curfew violation (060326), reduction to E-1 (suspended), forfeiture of $636 X 2 (suspended), extra duty for 45 days and restriction for 45 days (FG).

061023, suspension of punishment of reduction to E-1 and forfeiture of $636 x 2 was vacated for the offense of AWOL (060801-060815).

061219, suspension of punishment of forfeiture of $636 x 2 was vacated for the offense of drunk and disorderly (061126) and disobeyed a lawful order from a SFC (051126). 


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8307  
HOR City, State: Marietta, GA
Current ENL Date: 051208    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 02 Mos, 18 Days ?????
Total Service:  05  Yrs, 01 Mos, 04 Days ?????
Previous Discharges: RA-020122-050121/HD
                                      USARCG-050122-051207/NA
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 105   EDU: HS Grad   Overseas: Korea/Southwest Asia (Prior Service)   Combat: Kuwait (030310-031123 Prior Service)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 29 December 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—pattern of misconduct for receiving a Field Grade Article 15 for disobeying a lawful order from a NCO and curfew violation (060526); vacation of suspension of punishment for AWOL (060801-060815), (061023); received a Field Grade Article 15 for breaking restriction, disorderly conduct and AWOL (060801-060815) (061023); vacation of suspension of punishment for drunk and disorderly and disobeyed a lawful order from a SFC (091219), with an under other than honorable conditions discharge.  He was advised of his rights.  On 29 December 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 26 February 2007, again the applicant consulted with legal counsel,was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 2 March 2007, the separation authority reviewed the unconditional waiver of an administrative separation board, approved the waiver and directed that the applicant be discharged with a characterization of service of under other than 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, 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 during the period of enlistment under review, the issues and documents 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, the analyst noted the applicat's issues and and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, the analyst noted the many accomplishments outlined in the documents with his application and the numerous supporting statements.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments and statements did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing, the analyst determined that the characterization of service and the reason for discharge were both proper and equitable, and recommends to the Board to deny relief. 
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 11 July 2008              
Location: Washington, DC

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 3    No change 2   - 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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both 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: None
Other: NA
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: 


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 AR20070010443
______________________________________________________________________


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