Application Receipt Date: 070119 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: 020212 Discharge Received: Date: 020227 Chapter: 14 AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Troop 5, 5th Squadron, 15th Cavalry Regiment, 1st Armor Training Brigade, Fort Knox, KY 40121 Time Lost: AWOL, from 010730-010731), during his awol period the applicant was confined by the civil authorities from (010801-010815), he was charged with carjacking with intent to commit bodily harm, in Titusville, Florida, and was placed back into an awol status from (010816-010905), for a total of 37 days. Article 15s (Charges/Dates/Punishment): 020205, Wrongfully used THC, Cocaine, Amphetamine, and MDMA, and D-Methamphetamine, between (011027-011125), (Field Grade) 2nd Article 15, 020108, Disobeyed a lawful order from a SSG (011213), derelict in the performance of his duties, in that he willfully failed to write the 500 word essay he was required to complete for corrective training (011214), (Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 010413 Current ENL Term: 4 Years ????? Current ENL Service: 0 Yrs, 9 Mos, 8 Days ????? Total Service: 0 Yrs, 9 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: Enlisted for/31U1 Signal Support Systems Specialist (Airborne). The applicant did not complete the requirements to be awarded a 19D Cavalry Scout MOS) GT: 97 EDU: GED Certif Overseas: None Combat: None Decorations/Awards: None Listed 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 16 January 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (committed a series of disciplinary infractions since his arrival in this unit, , to include disrespect, dereliction of duty, absent from place of duty, refusing to participate in training, and disobeying lawful orders from commissioned and noncommissioned officers. He is totally dismayed with the Army and unable to accept discipline and rules. His attitude and actions have been consistent with a person enlisted for the wrong reasons, and has consistently misbehaved and performed in an apathetic manner in an attempt to be discharged. He is unwilling to conform to the required standards of conduct of a soldier in the US Army and has no potential to graduate as a 19D Cavalry Scout)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 22 February 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: 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, the analyst noted the applicant's issue, and that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 Sept 2007 Location: Washington, DC Did the Applicant Testify? Yes No 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, voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, 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: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 21 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070000768 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages