Applicant Name: ?????

Application Receipt Date: 070906	

Prior Review    Prior Review Date: None

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

Issues: I JOINED THE ARMY STRAIGHT OUT OF HIGH SCHOOL. I WAS YOUNG, READY TO GET OUT OF THE HOUSE AND BECOME A MAN, BY TAKING THE ARMY CHALLENGE. I NEVER GOT TO FINISH MY FIRST TERM, ON THE COUNT OF MY ACTIONS. I BROKE THE LAW AND PAID DEARLY FOR IT. I SERVED A 3 YEAR SENTENCE FOLLOWED BY 3 YEARS OF PROBATION. DURING MY INCARCERATION, I KNEW IT WAS TIME TO TURN MY LIFE AROUND.  I GOT MARRIED AND HAVE BEEN WITH MY WIFE FOR 7 YEARS. I HAVE A 6 YEAR OLD SON. I'VE EARNED AN ASSOCIATES DEGREE IN COMPUTERS. AND I'VE STAYED OUT OF TROUBLE. I'M NOT THE SAME PERSON I WAS, OVER 10 YEARS AGO. PLEASE CONSIDER MY REQUEST, SO THAT I MAY BE ABLE TO MOVE ON WITH MY LIFE. 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: 980501
Discharge Received:     Date: 981014   
Chapter: 14-5a Sec II    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location: B Co, 3-504th IN, Fort Bragg, NC 

Time Lost: AWOL 443 days (970510-980727), apprehended; confined by civilian authorities, 77days (980728-991014).  Total time lost 520 days.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7511  
HOR City, State: Fayetteville, NC
Current ENL Date: 950329    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 03Mos, 22Days ?????
Total Service:  02 Yrs, 03Mos, 22Days ?????
Previous Discharges: NA
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B Infantryman   GT: 108   EDU: GED Cert   Overseas: NA   Combat: NA
Decorations/Awards: NDSM, ASR, 

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 18 March 1998, 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 pleading guilty in the US District Court, Eastern District NC, of conspiracy to deal firearms without a license (971203), with a under other than 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 voluntarily waived consideration of his case by an Administrative Separation Board and did not submit a statement in his own behalf.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 14 August 1998, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorble conditions.
      
      The file contains a charge sheet dated 29 March 2005.

      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.  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: 080717              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

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: 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: 080719
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012367
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