Case Number AR20070015591

Applicant Name: 

Application Receipt Date: 071102	

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: 050217
Discharge Received:     Date: 050321   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Rear Detachment Battery, 1st Battalion, 41st Field Artillery, 3d Infantry Division, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040428, Summarized Article 15, failure to report X 3 (040218, 040220, and 040407), extra duty for 14 days and restriction for 7 days.

Court-Martials (Charges/Dates/Punishment): 041210, SCM, wrongful use of cocaine (040806 - 040809), reduction to Private E1, forfeiture of $795.00 pay per month for one month, and confinement for 30 days, however, there is no documentation in the record indicating the applicant served his confinement. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790507  
Current ENL Date: 031028    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 04Mos, 24Days ?????
Total Service:  06 Yrs, 6Mos, 20Days DD Form 214 incorrectly show's in item 12a "Date entered AD This Period" as year 1998, month 09, and day 23, based on enlistment contract found in the available record item 12a should read year 1998, month 09, and day 02. 
Previous Discharges: RA-980902-001023/HD
                                      RA-001024-031027/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 13D10/Field Artillery Data Systems Specialist   GT: 107   EDU: GED   Overseas: Kosovo, Southwest Asia   Combat: Iraq (030121-030721)
Decorations/Awards: ARCOM-2, AAM-2, AGCM, GWOTEM, KCM, GWOTSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 17 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—patterns of misconduct for receiving a Company Grade Article 15 on (020126) for two violations of failure to report, Company Grade Article 15 on (021008) for four violations of failure to report, Summarized Article 15 on (040428) for three violations of failure to report , and was found guilty by a Summary Court-Martial on (041210), 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, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than a general, under honorable conditions discharge, 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's reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 March 2005, the separation authority approved the conditional waiver submitted by the applicant, and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      The applicant has a General Officer Memorandum of Reprimand in his Official Military Personnel File dated 27 May 2004, for driving under the influence of alcohol (blood alcohol content of .141 grams) and speeding (76/45).
      
      The applicant's OMPF contains a Military Police Report dated 16 May 2004.

      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, documents, and the issues he submitted, the analyst determined the characterization of service was improper.  The analyst noted that the approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s 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: 19 December 2007              
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 5    No change 0   - 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 characterization of service was and is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  



















Case report reviewed and verified by: Eric S. Moore, Examiner									        
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: 27 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

 
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