Application Receipt Date: 060321 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached 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: NIF Discharge Received: Date: 050916 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 37th Armored Regiment, APO Time Lost: None Article 15s (Charges/Dates/Punishment): None (Applicant's Enlisted Record Brief does show his date of rank as E1 effective 050505) 050722/Applicant received a Memorandum of Reprimand for driving a vehicle while drunk on 050521/BG Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 811205 Current ENL Date: 021119 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 09Mos, 28Days ????? Total Service: 02 Yrs, 09Mos, 28Days ????? Previous Discharges: None Highest Grade: ????? Performance Ratings Available: Yes No MOS: 88M10 (Motor Transport Operator) GT: 96 EDU: HS Grad Overseas: Germany Combat: None (Applicant states he has combat service, however, no record was found). Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR 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 31 August 2005, Orders 243-01, DA, Giessen Transition Center, CMR452, APO, AE, discharged the applicant from the regular Army, effective date: 16 September 2005. The record contains 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, AR 635-200, by reason of misconduct with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 4. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse). The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. 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, 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, 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 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: 070124 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 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 and voted not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 070126 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004106 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages