Application Receipt Date: 060927 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: 020313 Discharge Received: Date: 020720 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: HHD, 41st Signal Battalion, 1st Signal Brigade, APO Time Lost: NONE Article 15s (Charges/Dates/Punishment): 020305, violating curfew (020203) and failure to go (020204), reduced to E-1, forfeiture of $269, 14 days extra duty and restriction (CG). 010925, wrongfully consuming alcohol during an exercise; failure to go; and incapacitation to perform duties (010819), reduced to E-2, forfeiture of $609 x 2 (one month suspended), 45 days extra duty and restriction (FG). Court-Martials (Charges/Dates/Punishment): NONE Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800612 Current ENL Date: 980529 Current ENL Term: 5 Years Current ENL Service: 4 Yrs, 1Mos, 22Days Total Service: 4 Yrs, 1Mos, 22Days Previous Discharges: NONE Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 35E10/Radio and Communication Security Repairer GT: 109 EDU: HS Grad Overseas: Korea Combat: NONE Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR V. Post-Discharge Activity Post Service Accomplishments: NONE VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 13 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for leaving his room unsecured (010730), not being prepared for room inspection or being in proper uniform (010731), receiving a Field Grade Article 15 for consuming alcoholic beverages during an exercise (010925), failure to report (010819, 011220, 020109, and 020204), and receiving a Company Grade Article 15 for violating curfew (020305) with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 24 April 2002, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. On 9 May 2002, 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: The analyst carefully examined the applicant’s record of service during the period of enlistment under review and the documents he submitted. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. 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 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. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined 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: 12 December 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 0 No change 5 - 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 and voted to deny relief. Case report reviewed and verified by: David Loy, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 12 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder