Applicant Name:  ?????

Application Receipt Date: 2008/06/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "I WOULD LIKE TO HAVE MY DISCHARGE UPGRADED TO GET MY GI BILL BACK AS I FEEL I SHOULD BE AWARDED IT AS I SERVED HONORABLY DURING THE GULF WAR AND DESERVE TO BE COMPENSATED AS A VETREN AS I AM AND WOULD SERVE AGAIN IF I WAS ABLE TO DISPITE MY DISABILITIES AND COULD STILL BE ABLE TO DO SOMTHING FOR MY COUNTRY EVEN NOW. THANK YOU PLEASE FEEL FREE TO CONTACT ME AT ANY TIME. DANNY CORRAO PFC UNITED STATES ARMY."

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: 940323
Discharge Received: 			   Date: 940420   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: Svc Btry, 2-18 FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 940204, disobeyed a lawful order by driving with a suspended license (940128), reduction to E-2 (suspended), forfeiture of $150 (suspended), 14 days extra duty and restriction (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 920114    Current ENL Term: 2 Years  17 weeks
Current ENL Service: 	02 Yrs, 03Mos, 07Days ?????
Total Service:  		02 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 113   EDU: HS EQ LTR   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Clearwater, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 March 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for having been counseled repeatedly for misconduct, for driving with his privileges suspended, for having received an Article 15 for violation of a lawful order, and for being counseled for not showing up for formation, with a general under honorable conditions discharge.  He was advised of his rights.  On 24 March 1994, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 and recommended approval of the separation action with a general under honorable conditions discharge.  On 11 April 1994, the separation authority directed that the applicant be discharged with a characterization of service of general under honorable conditions and that it be suspended until 12 June 1994, to allow him a probationary period.  On 11 April 1994, the applicant failed to report to his appointed place of duty.  On 13 April 1994, the separation authority directed that the separation be executed as approved with a general under honorable conditions discharge. 
       
       The record contains a Bar to Reenlistment dated 31 January 1994, and a GOMOR dated 4 September 1992.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 applicant’s military records, and the issue submitted with the application, 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 the former soldier’s 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 applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: 1 April 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010494
______________________________________________________________________________


Page 1 of 3 pages