Application Receipt Date: 060517 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 040629 Discharge Received: Date: 040921 Chapter: 14 AR: 635-200 Reason: Pattern Of Misconduct RE: SPD: JKA Unit/Location: Det B Task Force 556th PSB Kandahar Airfield, Afghanistan APO AE 09355 Time Lost: None Article 15s (Charges/Dates/Punishment): 040825-behave with disrespect toward a CPT, (040728), disrespectful in deportment toward a SGT, (040810), having received a lawful order from a SGT, did willfully disobey the same, (040810), and assault on a SGT, (040810), (Field Grade). 040331-with intent to deceive, make a false statement to a 1SG, and wrongfully appropriate a PFC's money, of a value of $120.00, (Company Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790404 Current ENL Date: 010509 Current ENL Term: 4 Years ext 5 months (020610) Current ENL Service: 03 Yrs, 04 Mos, 12 Days ????? Total Service: 07 Yrs, 01 Mos, 08 Days ????? Previous Discharges: RA-970814-010508/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 42F10 Human Resources Information Systems Management Spec GT: 120 EDU: HS Letter/Transcript Overseas: Korea/Hiwaii Combat: Afghanistan (040414-040831) Decorations/Awards: AAM (3), AGCM, (2), NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR 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 June 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—pattern of misconduct (he failed to keep his supervisor informed, (040616), failed to report back to work as it was his duty to do so (040531), made a false official statement as to his whereabouts, (040531), made a false official statement to his 1SG, (040302), wrongfully appropriate a PFC's money, ( 040229), he lied to get released from work early, ( 031118), counseled numerous times on his personal appearance and hygiene, and failed three consecutives record APFTs), 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. On 3 July 2004, the applicant voluntarily wavied consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than an honorable discharge, and did not submit a statement in his own behalf. The unit commander disapproved the applicant,s waiver, and recommended it be sent forward for consideration by an administrative separation board, with issuance of a general, under honorable conditions discharge. The intermediate commander disapproved the applicant's waiver, and recommended it be sent forward for consideration by an administrative separation board, with issuance of an under other than honorable conditions discharge. On 14 August 2004, the applicant again consulted with legal counsel, and voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. The chain of command recommended that the applicant,s waiver be approved and that he be separated fom the service with a general, under honorable conditions discharge. On 21 August 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 all the applicant’s military records during the period of enlistment under review, the issue and documents 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. Therefore, 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: 28 March 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 (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation fter 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 characterization of service was too harsh, and as a result it is inequitable. The Board does not condone the applicant's misconduct; however, determined that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entries 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. Furthermore, the Board found that the narrative reason for separation on the applicant’s DD Form 214 was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to current standards “misconduct.” However, the Board found 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: Current Standards "Misconduct" under provisions of Chapter 14, AR 635-200. 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: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006917 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages