Applicant Name:  ?????

Application Receipt Date: 080808	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 040317
Discharge Received: 			   Date: 040524   Chapter: 14-12B       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 18th Aviation Brigade, Ft. Bragg, NC 

Time Lost: AWOL for 7 days (040204-040209), surrendered. 

Article 15s (Charges/Dates/Punishment): 020731, disobeying a lawful order from the Garrison Commander, COL D for wrongfully driving on post (020712), recklessly operating a motor vehicle (020523), operating an unregistered motor vehicle x2 (020523 &020705), and operating a motor vihecle with a suspended license (020523), reduction to E1, forfeiture of $289.00, extra duty and restriction for 14 days (CG). 

020816, wrongful use of marijuana, a controlled substance between (020618-020717), forfeiture of $552.00 for two months, extra duty and restriction for 45 days (FG). 

030810, fail to go at the time prescribed to appointed place of duty x3 (030623, 030513, 030512), and disobeying a lawful order from a noncommissioned officer x2 (030517, 030515),  reduction to E2, forfeiture of $301.00 for one month (suspended), extra duty and restriction for 14 days (CG).


040414, AWOL from 040204-040210, and withouth authority, fail to go at the time prescribed to appointed place of duty x6,  (031202, 031212, 031212, 031222, 040113, 040114),
reduction to E1, forfeiture of $597.00 for two months, extra duty and restriction for 45 days (FG).   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010621    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 10Mos, 28Days ?????
Total Service:  		02 Yrs, 10Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 55B Ammo Sps   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, ASR.  

V.  Post-Discharge Activity
City, State:  Hope Mills, NC
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
The evidence of record shows that on 17 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12B, AR 635-200, by reason of pattern of misconduct—for illegal drug use, disobeying lawful orders, and failing to be at appointed place of duty on numerous occasions, with an under other than 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 an under other than honorable conditions discharge.  On 19 April 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of an under other than honorable conditions.
       

       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.  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: 22 April 09         Location: Atlanta, GA

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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief. 


        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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 AR20080012679
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