Applicant Name: ?????
Application Receipt Date: 071205 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant did not submit any issues of equity or propriety to be considered by the board.
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: 060619
Discharge Received: Date: 061201 Chapter: 14 AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HQs, 3d Battalion, 321st Field Artillery Regiment Rear Detachment, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 030702 Current ENL Term: 3 Years ?????
Current ENL Service: 03 Yrs, 05Mos, 01Days ?????
Total Service: 07 Yrs, 05Mos, 01Days ?????
Previous Discharges: USMC 980615-020614/HD
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 92G10/Food Service Operator GT: NIF EDU: HS Grad Overseas: None Combat: Southwest Asia (DD 214 shows Iraq Campaign Medal,dates not in file)
Decorations/Awards: ARCOM, AAM x 2, NDSM, GWOTSM, ICM, ASR
V. Post-Discharge Activity
City, State: Decature, GA
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 19 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, pattern of misconduct for drunken operation of a vehicle on two occasions with a general under honorable conditions discharge. He was advised of his rights. On 25 July 2006 the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. 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 commander reviewed the proposed discharge action and recommended approval with a general under honorable conditions discharge. On 25 October 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 6 November 2006, the applicant waived personal appearance before the administrative separation board and waived representation to appear with counsel. On 8 November 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
In July 2006, the applicant received a General Officer Memorandum of Reprimand for operating a motor vehicle while blood-alcohol level was .21 grams of alcohol per 210 liters of breath.
The record contains a Military Police Report dated 28 August 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, 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants 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: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 0 No change 5
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
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017794
______________________________________________________________________________
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