Applicant Name: ????? Application Receipt Date: 2009/08/17 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant submitted no 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: 070213 Discharge Received: Date: 070315 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HQ & HQ Company, 54th Engineer Battalion, APO AE, Germany Time Lost: Military confinement for 30 days (070214-070314). Article 15s (Charges/Dates/Punishment): 060720, Failed to go to his appointed place of duty x 5 on or about 060530, 060531, 060602, 060622, 060627, disobeyed a lawful order from SFC, a noncommissioned officer x 2 on or about 060622, reduction to PFC (E-3), forfeiture of $372.00 pay per month for one month, suspended, to be automatically remitted if not vacated before 060214, restriction and extra duty for 14 days (CG) On 28 July 2006, the suspension of the punishment of forfeiture of $372.00 pay imposed on 060720, was vacated based on the applicant's offense of breaking restriction on or about 060721. Courts-Martial (Charges/Dates/Punishment): 070213, Summary Court-Martial for being drunk on duty on or about 061029, failing to go to his appointed place of duty x 3 on or about 061027, 061130, 061207, operate a passenger car while drunk on or about 061214, wrongfully and unlawfully leave the scene of an accident without making his identity known on or about 061214. He was sentenced to reduction to Private (E-1), forfeiture of $867.00 pay, confinement for 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 050915 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 5 Mos, 4 Days ????? Total Service: 3 Yrs, 5 Mos, 8 Days ????? Previous Discharges: USAR 030911-040607/NA ADT 040608-041209/HD USAR 041210-050914/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 44E10 Machinist GT: 100 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (051101-051107), Iraq (051108-060401) Decorations/Awards: NDSM, GWOTSM, ASR, C/Ach V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 February 2007, 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 repeatedly failed in the proper performance of his duties, by showing up late, failing to obey lawful orders, driving under the influence of alcohol and destroying private property, 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 23 February 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. 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, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s 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 the 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 applicant’s service mitigated the misconduct or poor duty performance. The analyst noted that the applicant did not submitted an issue of equity or propriety on his DD Form 293 and the ADRB has not otherwise relied upon an issue of equity or propriety to change the discharge. 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: 14 June 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090014117 ______________________________________________________________________________ Page 2 of 3 pages