Application Receipt Date: 060302 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: NIF Discharge Received: Date: 050809 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HHB, 11th Air Defense Artillery Brigade, Fort Bliss, TX 79916 Time Lost: None Article 15s (Charges/Dates/Punishment): 040722, disobeyed a lawful order from a 1SG (040513), dereliction of duty, in that he failed to properly dispatch the supply 5 ton for the Brigade Safety day (040517), negligently failed to properly process a PVT's statement of charges (040330) and negligently failed to properly return the miles gear to the miles warehouse (040504); (Field Grade) 2nd Article 15, 050503, operated a passenger car while drunk (050402); (Field Grade) 050418, Letter of reprimand-for driving while intoxicated (Administrative) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800806 Current ENL Date: Reenl/030130 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 6 Mos, 10 Days ????? Total Service: 5 Yrs, 6 Mos, 13 Days ????? Previous Discharges: RA-000127-030129/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Specialist/21W10 Carpentry and Masonry Specialist GT: 85 EDU: HS Grad Overseas: Hawaii (000208-031102) Combat: None Decorations/Awards: AAM (2), GCMDL, NDSM, GWOTSM, NCOPDR, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 12c, AR 635-200, by reason of misconduct-commission of a serious offense with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense) On 4 August 2005, Orders 216-0017, DA, HQ, US Army Air Defense Artillery Center, Fort Bliss, Texas 79916-6812, discharged the applicant from the Regular Army, effective date: 9 August 2005. The applicant's record contains a Military Police Report dated (050402), and a Alcohol Influence Report dated (050402). The applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on (050623) 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 available military records, the issue he submitted and the supporting documentation, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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: 10 January 2007 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 available 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: 12 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003155 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 6 pages