Application Receipt Date: 060815 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: 010117 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: D Company 327th Signal Bn (Airborne) Fort Bragg, NC 28307-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): 000911-without authority, fail to go to his appointed place of duty x 2, (000807) and (000801), (Field Grade). 000710-AWOL (000615-000619), (Field Grade). 000110-without authority, fail to go to his appointed place of duty, (991203), disobeyed a lawful order from a SSG x 2, (991201 and 991202), did treat with contempt a SSG, (991202), and AWOL from (991119-991118), (Company Grade). 990302-disobeyed a lawful order from a SGT, (990206), and dereliction of duty, (990120), (Company Grade). The suspension of punishment of reduction to PV2/E2 and forfeiture of $235.00 pay for one month, imposed on (990302), was vacated on (990324) for the following offense: without authority, fail to go to his appointed place of duty. 990114-without authority, fail to go to his appointed place of duty x 2, (981214) and (980914), (Summarized). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780704 Current ENL Date: 980529 Current ENL Term: 3 Years item 12a on DD Form 214, date entered active duty this period is incorrect, should read (980529), see enlistment contract. Current ENL Service: 02 Yrs, 07 Mos, 18 Days ????? Total Service: 02 Yrs, 07 Mos, 18 Days ????? Previous Discharges: ARNG-961016-970102/NA ADT-970103-970428/UNC ARNG-970429-980528/NA Highest Grade: E3 Performance Ratings Available: Yes No MOS: 31L1P Wire System Installer GT: 113 EDU: GED Overseas: None Combat: None Decorations/Awards: 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 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 received two Field Grade Article 15s and three Company Grade Article 15s), with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights are not contained in the available record and Government regularity is presumed in the discharge process. 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 4 December 2000, 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 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. Therefore, the analyst determined that 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: 7 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes [ redacted ] Witnesses/Observers: No Exhibits Submitted: None 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board found that the overall length of the applicant’s service, the circumstances surrounding his discharge, and his post service accomplishments 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. However, the Board determined that the reason for discharge was both proper and equitable, 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: 10 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060011675 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages