Application Receipt Date: 060113 Prior Review Prior Review Date: None I. Applicant Request 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? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 041004 Discharge Received: Date: 050330 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: HQ Company, 306th Military Intelligence Battalion, Fort Huachuca, AZ 85613 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710507 Current ENL Date: 021001 Current ENL Term: Indefinite Years ????? Current ENL Service: 2 Yrs, 6 Mos, 0 Days ????? Total Service: 15 Yrs, 8 Mos, 19 Days ????? Previous Discharges: RA-890712-930111/HD RA-930112-960627/HD RA-960628-020930/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 98J30 Non-Commo Intcp/Anal 96U3H UAV Operator GT: 104 EDU: HS Grad Overseas: Germany, England, Hawaii, Southwest Asia Combat: Kuwait Decorations/Awards: AAM (2), GCMDL (5), NDSM, JSAM, GWOTSM, SWASMw/3BSS, SWASM, HSM, KLM (SA), KLM (KU), NCOPDR (2), ASR, OSR (3) 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 26 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (had an inappropriate interaction with a SPC, inappropriate relationship with a CPL, and operating a vehicle while having a BAC of .176%, with an honorable discharge. He was advised of his rights. The applicant's election of rights regarding his consultation with legal counsel are not part of the the available record and Government regularity is presumed in the discharge process. 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 honorable discharge. On 6 December 2004, the senior intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge. On 28 January 2005, the applicant was re-notified to appear before an administrative separation board and advised of his rights. On 23 February 2005, the administrative separation board met; applicant appeared with counsel. The board recommended separation with a general, under honorable conditions discharge. On 4 March 2005, the General Court-Martial Convening Authority approved the findings and recommendations of the board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a Military Police Report dated (040709) and a Civilian Offense Report, from the Sierra Vista Police Department dated (040709) in his OMPF 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 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 his 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 29 November 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 No change (Character) Change No change (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. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 1 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000734 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages