Application Receipt Date: 060511 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: NIF Discharge Received: Date: 980925 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HHB Division Artillery Fort Drum, NY 13602-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 731217 Current ENL Date: 970214 Current ENL Term: NIF Years ????? Current ENL Service: 01 Yrs, 07Mos, 11Days ????? Total Service: 07 Yrs, 06 Mos, 12 Days ????? Previous Discharges: ARNG-920609-940202/HD ADT-920708-921024/UNC (Concurrent Service) ARNG-921025-940202/NA RA-940203-970213/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 71D10 Legal Spec GT: 94 EDU: HS Grad Overseas: Haiti Combat: None Decorations/Awards: ARCOM, AAM (2), AGCM, NDSM, , HSM (2), NCOPDR w/2, ASR, JMUA; Post Service Award, MSM, AFEM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant is serving in the West Virginia Army National Guard as Sergeant, and has earned several awards and decorations for humanitarian relief during hurricanes Katrina and Rita. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 14-12c, for misconduct-commission of a serious offense with a general, under honorable conditions separation of service. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense) and an reentry eligibility (RE) Code of "3." 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 available military records during the period of enistment under review and the issues he submitted, the analyst recommend that relief be denied in this case. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070307 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 After carefully examining all of the applicant’s available military records during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result it is now inequitable. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service and his post service accomplishments, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None 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: MARY E. SHAW DATE: 070308 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006803 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages