Application Receipt Date: 060823 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 060504 Discharge Received: Date: 060512 Chapter: 14 AR: 635-200 Reason: Misconduct, Serious Offense RE: SPD: JKQ Unit/Location: HHC, 2nd Battalion, 160th Special Operations Aviation Regiment (Airborne), Fort Campbell, KY 42223 Time Lost: Confinement Civil Authority-7 days, from (060409-060415). Article 15s (Charges/Dates/Punishment): 060418-With intent to defraud, falsely alter his military identification card, to wit, his date of birth, by changing the birth year from "1985 " to "1983," between or on about (030909) and on or about (060410), and wrongfully consume or possess alcohol while under the age of twenty-one, (060410), (Field Grade). 050602-With intent to deceive, make to a 1SG, an official statement, which statement was totally false, (050525), (Company Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850426 Current ENL Date: 030128 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 03 Mos, 08 Days ????? Total Service: 03 Yrs, 03 Mos, 08 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 15P10 Aviation Operations Spec GT: 107 EDU: HS Letter Overseas: Korea Combat: None Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR, OSR, ACFT CRWMN BDGE, AABDGE V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 28 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (made a false statement to a 1SG, with intent to deceive 25 May 2005, falsely alter his military identification card, with intent to defraud between or on about 9 September 2003, and on or about 9 April 2006, wrongfully consuming alcohol under the age of twenty-one, driving under the influence, and attempted to escape from jail 9 April 2006), 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review and the issue he submitted, the analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was improper. Accordingly, relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 29 August 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 1 No change 4 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 20 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012042 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages