Application Receipt Date: 061003 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: 020311 Discharge Received: Date: 020510 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 157th Quartermaster Company, 553rd Corps Support Battalion, Ft. Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 010620, wrongfully playing the music in his vehicle at an excessive volume (010604), reduced to E-4 (suspended), forfeiture of $811, and 45 days extra duty (FG). 020219, failure to obey a lawful order (020102), reduced to E-4, forfeiture of $820, and 45 days extra duty and restriction (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760609 Current ENL Date: 000530 Current ENL Term: 2 Years Current ENL Service: 1 Yrs, 11Mos, 11Days Total Service: 5 Yrs, 10Mos, 29Days Previous Discharges: ARNG 960612-971008 HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92S10/Laundry and Textile Specialist GT: 86 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM-2, NDSM, NCOPD, ASR, OSR V. Post-Discharge Activity Home of Record: Post Service Accomplishments: Applicant states he joined the PRARNG on 8 October 2004 and volunteered for Iraq on 15 March 2005; he provided a copy of his DD 214 showing this service. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 11 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4-12b, AR 635-200, by reason of misconduct for receiving a Field Grade Art 15 for driving with a suspended license (010620) and for receiving a Field Grade Art 15 for disobeying a lawful order (020219), 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 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 discharge. On 26 April 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. The analyst noted that the applicant pled guilty to driving while intoxicated (001230); an MP report is included in his file. The analyst also noted that the applicant had a bar to reenlistment dated 23 February 2001 and two flagging actions dated 3 January 2001 and 18 January 2002. 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, and the independent evidence he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service is now too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service and his post service in Iraq mitigated the discrediting entries in his service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 071212 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 5 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: 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: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder