Applicant Name:  

Application Receipt Date: 2007/11/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have requested a review of my dischrage based on the following.  It has been 7 years since I was released from the United States Army; a period of time for which a person can adjust from life of a soldier to become a productive citizen of his community.  Currently I am employed by the Department of Veterans Affairs in Birmingham, AL.  Everyday I help veterans who are in need, being able to help these men/women of past and present gives me a sense of pride and thankfulness.  When I think back to my times in the Army, I wore my uniform with pride & strived to become an excellent infantry soldier.  I made an uneducated mistake & have paid the price.  I faced the actions of my mistakes & claimed responsibility for them.  Today, I wish to have my discharge upgraded from General Under Honorable to Honorable discharge."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 000502   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKB   Unit/Location: HHC 1/5 INF, Fort Hood, TX 

Time Lost: confinement by civil authorities, 111 days, (991026-000307)

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 970106    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 11 Mos, 13 Days ?????
Total Service:  		02 Yrs, 11 Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 11C10/Indirect Fire Spc   GT: 96   EDU: HS   Overseas: Korea   Combat: None
Decorations/Awards: ASR, OSR, NDSR

V.  Post-Discharge Activity
City, State:  Killen, AL
Post Service Accomplishments: Employed by the Department of Veterans Affairs in Birmingham, AL.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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 his conviction by Bell County Court on 21 December 1999: Count (1): Theft by Worthless Check.  The sentence was a fine of $500.00, $225.00 costs of court and 180 days confinement, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 25 April 2000, 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.  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: 17 October 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  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.












        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214:  NA  					
Change Characterization to: NA			         
Change Reason to: NA
Other: NA										
RE Code: NA									 
Grade Restoration:   No   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017652
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