Applicant Name: ?????
Application Receipt Date: 2007/12/06 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the applicant.
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: 050504
Discharge Received: Date: 050610 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: HQ & HQ Company, 3rd Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC 28310.
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050416, disobeyed a lawful order from a CPT (050328), reduction to E-4, forfeiture of $806.00 pay for 2 months, restriction and extra duty for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: Reenl/050310 Current ENL Term: 4 Years ?????
Current ENL Service: 0 Yrs, 3 Mos, 1 Days ?????
Total Service: 2 Yrs, 11 Mos, 21 Days ?????
Previous Discharges: RA 020620-050309/HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 88M1P Motor Transport operator GT: 103 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq/Kuwait
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 4 May 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct in that you received a Field Grade Article 15 for disobeying a superior commissioned officer and two alleged charges of driving under the influence of alcohol, with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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 11 May 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The record contains a Serious Incident Report, dated 24 June 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. Furthermore, the analyst noted the applicant's issues; however, the analyst considered the quality of service during the initial portion of the enlistment under review and the applicant's service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. 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: 10 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017833
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090000864
On 5 March 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2008 | AR20080019404
Applicant Name: ????? On 20 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090000710
Applicant Name: ????? However, this accomplishment does not provide the Board a basis upon which to grant relief. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090000710 ______________________________________________________________________________ Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080002565
The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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....
ARMY | DRB | CY2008 | AR20080010955
Facts and Circumstances: The evidence of record shows that on 10 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c AR 635-200, by reason of misconductcommission of a serious offense; in that he used marijuana; drove under the influence of alcohol and violated the terms of his restriction, with a general, under honorable conditions discharge. On 17 March 2003, the separation authority waived further rehabilitative...
ARMY | DRB | CY2009 | AR20090010374
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 28 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he wrongfully and without authority wear upon his uniform the rank of Private (E-2), physically controll a vehicle while drunk, consummed alcohol while under the age of 21, failed to report on time to extra duty twice...
ARMY | DRB | CY2010 | AR20100028896
Applicant Name: ????? 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No...
ARMY | DRB | CY2011 | AR20110015036
Applicant Name: ????? On 17 November 2010, 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
ARMY | DRB | CY2008 | AR20080011021
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 30 November 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-abuse of illegal drugs; in that he tested positive for marijuana on two unit urinalysis less than six months apart, with a general, under honorable conditions discharge. On 8 December 1998, the separation authority waived further...
ARMY | DRB | CY2008 | AR20080000241
Applicant Name: ????? A counseling statement dated 050317 indicates that, prior to 050407, the Applicant received a company grade Article 15 for failing to go to his prescribed place of duty as well as a field grade Article 15 for violating his restriction from the previous Article 15; however, there are no specific facts or circumstances in the record of evidence regarding these actions. On 27 December 2005, the separation authority waived further rehabilitative efforts and directed that...