Application Receipt Date: 060503 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 950907 Discharge Received: Date: 951206 Chapter: 4 AR: 635-120 Reason: Unacceptable Conduct RE: SPD: BNC Unit/Location: Headquarters and Headquarters Company, 2d Battalion, 29th Infantry Regiment, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant received a General Officer Letter of Reprimand on (950530), for failure to report for assigned duty on (950123) knowing his presence was required to conduct a battalion live-fire exercise, and for being absent from his appointed place of duty during parts of (950125, 950126 and 950127). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 640212 Current ENL Date: 910624 Current ENL Term: 04 Years ????? Current ENL Service: 04 Yrs, 05Mos, 13Days ????? Total Service: 15 Yrs, 02Mos, 22Days (Applicant's DD Form 214 incorrectly show's total service of 12 yrs, 3 mos, and 27 days). Previous Discharges: ARNG-800914-830809/NA RA-830810-880809/HD ARNG-880810-900916/UNC USARCG-900917-910623/NA Highest Grade: 1LT Performance Ratings Available: Yes No MOS: 13A(Field Artillery) GT: NIF EDU: BS Overseas: Panama, Germany Combat: None Decorations/Awards: ARCOM (3d Award), AAM (3d Award), AGCM, NDSM, NCOPDR, ASR, OSR (2d Award), Parachutist Badge, Air Assault Badge, Certificate of Achievement (3) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Records show that the applicant reenlisted in the Army on (060308) for a period of 3 years and 12 weeks as a sergeant/E5 and was later promoted to staff sergeant/E6 on (061001). VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the complete facts and circumstances concerning events that led to a discharge from the Army. However, evidence of record shows that on 24 August 1995, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 635-120, by reason of failing to report to a battalion live-fire exercise on 23 January 1995, and absenting himself from his appointed place of duty during parts of 25, 26 and 27 January 1995. As a result of his actions, he received a General Officer Letter of Reprimand. On 19 October 1995, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 635-120, resignation in lieu of further elimination proceedings. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and waived any right he had to either submit matters in explanation, rebuttal, or defense concerning the allegation in his case. He understood that he could be furnished an honorable or general discharge as determined by Headquarters Department of the Army. The record is void of the applicant's chain of command's recommendation for approval of the resignation in lieu of elimination proceedings, and the analyst presumed Government Regularity in the discharge process. On 24 October 1995, the Commanding General for Headquarters United States Army Infantry Center, Fort Benning, Georgia, recommended approval of the resignation in lieu of elimination proceedings with issuance of a general discharge. The record is void of the separation authority's approval letter directing that the applicant be discharge from the service, and the analyst presumed Government Regularity in the discharge process. b. Legal Basis for Separation: Army Regulation 635-120 sets for the basic authority for Officer transfers and discharges. Chapter 4 outlines the policy and procedure for resignation in lieu of elimination of officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the term of service under review, the issue and documents he submitted, the analyst recommend that the applicant's characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service, the time that has elapsed since his discharge, and his post service accomplishment, mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 June 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 3 No change 2 - 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 term of service 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. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable. 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: Eric S. Moore, 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: MARY E. SHAW DATE: 28 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007406 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 5 pages