Application Receipt Date: 20061005 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. Applicant feels he has already received the worst punishment possible, being forced to leave the Army that he loved. He sustained injuries in an automobile accident that made it impossible for him to perform to military standards and maintain his weight. The Army didn't want to deal with the problems he had at the time, therefore he was rushed through the clearing process without sufficient time to properly prepare himself for the civilian sector. He fought in Iraq, and did the right things. He doesn't feel that he should be punished for the rest of his life because of one bad mistake he made during a difficult time in his life. 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: 050504 Discharge Received: Date: 050602 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: B Company, 9th Battalion, 101st Aviation Regiment, 159th Aviation Brigade, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky 42223 Time Lost: AWOL, for a total of 3 days from 040915-040917. The applicant was apprehended by civilian authorities on 16 May 2004 in Montgomery County following a single vehicle accident resulting from DUI. Article 15s (Charges/Dates/Punishment): 050324, AWOL, (040915-040917). Reduction to E-2, forfeiture of $323 pay for one month, 14 extra duty and 14 day restriction. (Field Grade) Court-Martials (Charges/Dates/Punishment): none Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 821022 Current ENL Date: 020426 Current ENL Term: 5 Years Current ENL Service: 3 Yrs, 1Mos, 26Days Total Service: 3 Yrs, 1Mos, 26Days Previous Discharges: None Highest Grade: PFC Performance Ratings Available: Yes No MOS: 15U10(CH-47 Helicopter Repair GT: 104 EDU: GED Overseas: Kuwait Combat: Iraq (030228-040122) Decorations/Awards: ICM, GWOTSM, NDSM, ASR, OSR(2) V. Post-Discharge Activity Home of Record: Longview, TX 75602 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 4 May 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct- commission fo a serious offense for being AWOL 040915-040918 with a general under honorable conditions 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 under honorable conditions discharge. On 2 June 2005, 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 30 November 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 1 No change 4 - 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: Chuck Busick, 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: 3 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014156 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages