Applicant Name: ?????
Application Receipt Date: 2008/02/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant did not submit 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: 070524
Discharge Received: Date: 070613 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: C Trp, 1/33 Cav Regt, Ft Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070327, fail to go to your appointed place of duty X 2 (070117), wrongfully possess a personally owned weapon in barracks room (061108), failed to report whereabouts to chain of command (070117), operate a passenger car while intoxicated (070117), wrongfully operate a vehicle without drivers license (070117), Reduction to E1, $650 X 2, 45 days extra duty, 45 days restriction. (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 030708 Current ENL Term: 06 Years ?????
Current ENL Service: 03 Yrs, 11 Mos, 06 Days ?????
Total Service: 03 Yrs, 11 Mos, 06 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B/Infantryman GT: 114 EDU: HS Overseas: None Combat: Iraq (050921-060828)
Decorations/Awards: AAM, NDSM, GWOTSM, ICM, OSR, CIB, ASR
V. Post-Discharge Activity
City, State: Petaluma, CA
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 24 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of a pattern of misconduct failed to report to appointed place of duty on numerous occasions; have failed to register a personally owned weapon, which you carried in your personally owned vehicle, operated without a valid drivers license while intoxicated, 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, 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 31 May 2007, 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 GOMOR dated 1 May 2005.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldiers service is so meritorious that any other characterization would be inappropriate. Chapter 14 of this regulation 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 the entire applicants military records, 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 the former soldiers service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of 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: 12 December 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 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
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003411
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080013721
Facts and Circumstances: Evidence of record shows that on 15 October 2007, 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 for communicating two different threats between (060628 and 060725), failure to go to his appointed place of duty X 2 (061214 and 070127), making a false official statement (061214), disobeying a noncommissioned officer X 3 (070113, 070129, and...
ARMY | DRB | CY2008 | AR20080001224
Applicant Name: ????? The applicant consulted 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. On 24 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
AF | DRB | CY2006 | ar20060015461
On 30 March 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and conditionally waived his right to appear before an administrative separation board contingent upon receiving a characterization of service no worse than general, under honorable conditions. On 19 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under...
ARMY | DRB | CY2009 | AR20090012309
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge and that the separation be suspended for a period of twelve (12) months. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Board Action Directed President, Army Discharge Review Board Issue...
ARMY | DRB | CY2008 | AR20080008138
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 9 January 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason...
ARMY | DRB | CY2008 | AR20080010828
Applicant Name: ????? On 14 February 2008, 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 | CY2008 | AR20080015699
Applicant Name: ????? 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 | CY2010 | AR20100018323
On 16 October 2007, 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 | AR20080014515
Facts and Circumstances: The evidence of record showed that on 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 wrongful use of Cocaine (070110-070117), with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board contingent upon him...
ARMY | DRB | CY2008 | AR20080016145
Facts and Circumstances: The evidence of record shows that on 17 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of cocaine between (040810-040823), driving while intoxicated (051217), AWOL (060201-060203), wrongfully operate a vehicle without a valid USAREUR license (060423), and made a false official statement to...