Applicant Name: ?????

Application Receipt Date: 070817	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that his discharge should be changed because of human behavior. 

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: 040510
Discharge Received:     Date: 040520   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Alpha Troop, 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY 40121. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040423, Disrespectful in deportment toward a 1SG (040305), disrespectful in language toward a SSG (040421), disrespectful in language toward a SGT (040421), failed to obey a lawful order issued by a SGT (040304), failed to obey a lawful order issued by a LTC (040421), with intent to deceive, made an official statement to a SSG, which was false (040304), was found drunk on duty (040421), assaulted the staff duty NCO and the NCO'S in the CQ area (040421), wrongfully communicate a threat to a SSG (040421), wrongfully communicate a threat to a SGT (040421), and drunk and disorderly (040421), reduction to PVT (E1), forfeiture of $596.00 pay per month for two months, extra duty for 45 days and restriction for 45 days, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8407  
HOR City, State: ?????
Current ENL Date: 030513    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 0 Mos, 8 Days ?????
Total Service:  1 Yrs, 0 Mos, 8 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 10 May 2004, 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 in that you made a false official statement to a SSG, (040304), failed to obey an order from a SGT (040304), disrespect to a 1SG (040305), disobeyed a direct order from a SGT (040329), showed up for formation smelling of alcohol where you tested a .086 at the MP station (040421) failed to obey a Squadron Policy when you consumed alcohol while under the legal age of 21 years (040421), disrespectful to both a SSG and a SGT (040421), threatened both a SSG and a SGT (040421), assaulted a Staff Duty NCO and the NCO's present in the Charge of Quarters area (040421), drunk and disorderly (040421), and for these actions you received a Field Grade Article 15 on 23 April 2004. You were seen by a SGT again drinking alcohol while under the legal age of 21, 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 did not submit 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 13 May 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  
      
      Further analysis of the applicant's record shows that the separation approving authority directed the issuance of a general, under honorable conditions discharge.  However, someone in the discharge process erroneously issued the applicant a DD Form 214 with a characterization of service of honorable.  Subsequently a Memorandum dated 24 May 2004, from the Chief, Transition Center addressed to the Commander, US Army Human Resources Command, 1 Reserve Way, St Louis, Missouri, requesting that a DD Form 215 be issued to reflect the following changes: As reads: Block 24: Honorable; Should read: Block 24: Under Honorable Conditions (General), which was directed by the separation approving authority."  

      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, but a general discharge 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 noted the applicant's issue 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.  In view of the foregoing, 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: 20 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 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: 28 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011421
______________________________________________________________________


Page 1 of 6 pages