Application Receipt Date: 2006/10/06 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See attached DD 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: 2006/03/31 Discharge Received: Date: 2006/04/19 Chapter: 14 Paragraph 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Headquarters, 2nd Field Artillery Detachment Fort Campbell, Kentucky 42223 Time Lost: None Article 15s (Charges/Dates/Punishment): 06/04/03, Failed to obey a lawful order issued by a CW3 not to consume alcohol on or about 19 Feb 06 near Fort Campbell Kentucky (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 82/07/02 Current ENL Date: 05/10/09 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 06Mos, 11Days ????? Total Service: 04 Yrs, 09Mos, 18Days ????? Previous Discharges: RA 01/07/02 - 05/10/08 HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13F10 Fire Support Specialist GT: 102 EDU: GED Cert Overseas: 01/11/00 Combat: Iraq (20030227 - 20040128); Iraq (20050104 - 20060101) Decorations/Awards: BSM, ACM, AAM, NDSM, GWOTEM, GWOTSM, CAB, AAB, ICM 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 29 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a general under honorable conditions discharge. Specific reasons for this action are as follows: on 2 Jan 2006, you were apprehended by the military police for driving under the influence of alcohol on post while your driving privileges were revoked; appeared in U.S. District Court and was convicted of the same; on 4 Jan 2006, you were counseled on your driving privileges being suspended and was given an administrative order to not leave the Fort Campbell Installation, not to drive, and not to be in the family housing area; on 19 Feb 2006, SPC Rednour was arrested for the second time for being involved in an altercation in the family housing area, public intoxication and possession of a controlled substance, cocaine; on 29 Mar 2006, the unit commander also initated Field Grade Article 15 proceedings for disobeying a lawful order by a superior commissioned officer. 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. On 11 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of geneal under honorable conditions discharge. 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 issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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. Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.Therefore, the analyst determined that 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: 15 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 ????? No change 5 - Character Change ????? 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: Earl Silver, 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: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 16 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014166 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages