Applicant Name: ?????

Application Receipt Date: 070727	

Prior Review    Prior Review Date: None

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

Issues: See attached DD Form 293 and supporting documents submitted by the Applicant.  Applicant states he was denied his right to due process, that his command was not impartial,  that his command improperly relied on an outdated Article 15 and, that he was not given a rehab transfer.

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: 061020
Discharge Received:     Date: 061206   
Chapter: 14-12B    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: D Co, 1st Bn, 66th Armor Regiiment, 1st BCT, Camp Taji, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041001, disrespect of an NCO, disobeying a lawful order from an NCO (x3); reduction to E-3, forfeiture of $382.00 pay per month for one month, extra duty and restriction for 14 days (CG).

041027, wrongfully possessing and transporting a concealed 9mm pistol; reduction to E-1, forfeiture of $500.00 pay per month for 2 months, extra duty and restriction for 45 days (FG).

050715, failure to go to appointed place of duty (x6), disobeying a lawful order from an NCO; reduction to E-3, forfeiture of $361.00 pay per month for one month, extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  82/12  
HOR City, State: Milwaukee, WI
Current ENL Date: 020917    Current ENL Term: 03 Years  Extended for the convenience of the government
Current ENL Service: 04 Yrs, 02 Mos, 20 Days ?????
Total Service:  04 Yrs, 02 Mos, 20 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 19K M1 Armor Crewman   GT: 87   EDU: GED Cert   Overseas: SWA   Combat: Iraq: (051220-061115 & 030405-040320)
Decorations/Awards: ARCOM (2), AGCM, NDSM, GWOTSM, Iraq Campaign Medal, ASR, CAB

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 20 October 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 wrongful possession of and transporting a concealed 9mm pistol on a military installation; failure to go to his appointed place of duty on numerous occasions; disobeying a lawful command; disobeying lawful orders from NCOs; disrespecting NCOs; apprehension by and charges from Military Police for failure to wear his seatbelt and driving with a suspended drivers license; failure to appear in court which resulted in an arrest warrant; and, failure to comply with customs of the service in a manner prejudicial to good order and discipline, 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 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 28 October 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.

       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 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 found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service 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: 1 August 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 0    No change 5   - 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 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: 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: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010462
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