Application Receipt Date: 061214 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 040419 Discharge Received: Date: 040423 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: B Co, 2nd Bn 502 RIN, Fort Campbell, KY Time Lost: AWOL for 4 days (040310-040314), mode of return is unknown. Article 15s (Charges/Dates/Punishment): The company commander makes reference to a Field Grade Article 15, however, it is not contained in the record. Court-Martials (Charges/Dates/Punishment): NA Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820602 Current ENL Date: 020109 Current ENL Term: 4 Years Current ENL Service: 02 Yrs, 03Mos, 24Days Total Service: 02 Yrs, 03Mos, 24Days Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: GWOTSM, NDSM, 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 19 April 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for receiving a field grade Article 15 for two violations of Article 92 and, one violation of Article 113, and AWOL (040310-040414), with a general under other condition 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 condition discharge. On 23 April 2004, 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: After a careful review of the applicant's record, the analyst noted that on 3 May 2004, Orders 124-0033, DA, HQ, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, discharged the applicant from the Regular Army, effective 07 May 2004. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3." 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 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: 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 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: 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060017178 Applicant Name: ______________________________________________________________________ Page 1 of 4 pages