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: 051001
Discharge Received: Date: 060114
Chapter: 14 AR: 635-200
Reason: Pattern Of Misconduct
RE: SPD: JKA
Unit/Location: HHC, 1-36 IN, APO AE 09196
Time Lost: None
Article 15s (Charges/Dates/Punishment): The unit commander stated in his notification memorandum that the applicant received Field Grade Article 15s on (050701) and (040927), however, these documents are not part of the available record.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7402
HOR City, State: Astoria, NY
Current ENL Date: 030320 Current ENL Term: 3 Years ?????
Current ENL Service: 02 Yrs, 09 Mos, 01Days ?????
Total Service: 02 Yrs, 09 Mos, 01 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 11B1L Infantryman GT: 93 EDU: MBA Business Admin Overseas: Germany/Southwest Asia Combat: Iraq (031009-040710)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, CIB, USA/USAF PUC-3, JSUA
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 3 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct, received a Field Grade Article 15 for disobeying a commissioned officer, wrongful previous overindulgence in liquor x 2, and breaking restriction (050701), received another Field Grade Article 15 for violating a lawful order and drunk on duty (040927), his actions demonstrate that further attempts to rehabilitate him would most likely be unsuccessful, 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 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 a general, under honorable conditions discharge. On 20 December 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
On 16 November 2006, the applicant submitted an application to the Army Board for Correction of Military Records (ABCMR) requesting administrative changes to his DD Form 214, and relief was granted.
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 applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable. The analyst does not condone the applicants misconduct; however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. The analyst found that the length and quality of the applicant's service; to include his combat service, and the circumstances surrounding his discharge, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined 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: 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 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
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 AR20070010444
______________________________________________________________________
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