Application Receipt Date: 060621 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with eleven (11) enclosures 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: 030825 Discharge Received: Date: 030918 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: Battery C, 1st Battalion, 77th Field Artillery, Fort Sill, OK 73503-6019 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 680810 Current ENL Date: Reenl/000706 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 2 Mos, 13 Days ????? Total Service: 5 Yrs, 11 Mos, 10 Days ????? Previous Discharges: RA-971009-000705/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 13M20 MLRS Crewmember GT: 94 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (010819-011200) Decorations/Awards: GCMDL, NDSM, AFEM, NCOPDR, 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 2 July 2003, the separation authority denied the applicant's request for discharge under the provisions of Chapter 6, Paragraph 6-31, AR 635-200, by reason of hardship. On 25 August 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (failure to overcome a bar to reenlistment, and refusal to get a family care plan), 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has an approved Bar to Reenlistment dated (030505) for not having an approved Family Care Plan on file. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. 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 evidence of record shows that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for violation of Paragraph 5-5, AR 600-20 Army Command Policy by not having a valid family care plan, with a general, under honorable conditions discharge. The evidence of record further shows that command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by barring him from reenlisting. The applicant failed to respond appropriately to these efforts. Therefore, the reason for discharge and the characterization of service remains both both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 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 found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge mitigated the discrediting entries in the 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. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None 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: 25 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008938 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages