Applicant Name: ?????

Application Receipt Date: 070806	

Prior Review    Prior Review Date: None

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

Issues: I, ask the board to change my discharge status from Other Than Honorable to Honorable. Reasoning is as follows.  I have maintained a job in the Civilian Aviation industry since release from the military.  I have received my FAA certification as an Airframe & Power plant mechanic. I am currently employed by Air Tran Airways and have been for the past 6yrs.  I currently hold the position of Aircraft Inspector, which there are less than approx 20 within the company. I have remained an upstanding citizen within my community.  I have been married for 8yrs and have 3 children. I own my own home.  I have maintained 2 vehicles of my own.  My military experience was a good one while it lasted.  My troubles started with my first marriage. While on deployments my ex-wife would not be faithful to me and I had found this out. My article 15's that are in my record were for minor refractions.  I hope that what I have told you here in this paragraph will allow you to see that my ways have changed and I deserve a status upgrade.  Thank you.  

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: 961210
Discharge Received:     Date: 970530   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: B Co, 3-229 AV Bn, Fort Bragg, NC 28307 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 961112, failure to report (961031),             reduction to E-1 (suspended), forfeiture of $100 (suspended), extra duty for 45 days  and restriction for 45 days (FG).

961028, failure to report (960815), reduction to E-3 (suspended), forfeiture of $261 (suspended), extra duty for 14 days  and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7307  
HOR City, State: Killeen, TX
Current ENL Date: 921104    Current ENL Term: 6 Years  ?????
Current ENL Service: 04  Yrs, 06 Mos, 27 Days ?????
Total Service:  04  Yrs, 06 Mos, 27 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 67R10 AH-64 Attack Helicopter Repairer   GT: 107   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM-2, NDSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant stated he received FAA certification as an airframe and powerplant mechanic.  He further states being employed by Air Trans Airways for the past six years and currently holds the position of aircraft inspector.      

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 10 December 1996, 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 numerous infractions of the UCMJ, with an under other than honorable conditions discharge.  He was advised of his rights.  On 11 December 1996,  the applicant consulted with legal counsel, and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than a general, under honorable conditions discharge.  The applicant submitted a statement on 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 with an under other than honorable conditions discharge. On 9 January 1997, the separation authority disapproved the applicant's conditional waiver request and directed that the applicant's case be heard by the 18th Aviation Brigade standing administrative separation board.  On 21 February 1997, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 2 April 1997, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged from the service with issuance of a character of service of general, under honorable conditions.  On 19 May 1997, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions and will not be transferred to the Individual Ready Reserve (IRR).  
      
      The applicant's record contains a Military Police Report dated 27 November 1996.

      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 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 acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments 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 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: 6 August 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 2    No change 3   - 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: 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: 11 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010863
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