Application Receipt Date: 061102 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that Paragraph 1-19, AR 635-200, details the appropriate separation authority based on the type of discharge possible and the procedure used for separation. Under Chapter 14, SPCMCA may only separate Soldiers when “[d]ischarge under other than honorable conditions is not warranted under paragraph 3-7c and the notification procedure is used.” Since SSG was notified using the Administrative Board procedures contained in Army Regulation 635-200, only the General Court Martial Convening Authority can separate him, even with a General, Under Honorable Conditions Discharge. Therefore, COL , signed a procedurally defective separation approval directing the separation of SSG , with a general, under honorable conditions discharge. While issued after SSG , separation, this position is supported by a Human Resources Command Message, dated 23 September 2004. As a result, SSG , should receive an Honorable Discharge. 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: 030219 Discharge Received: Date: 030228 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Quartermaster Company, Special Troops Battalion, Fort Hood, TX 76544 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: 720704 Current ENL Date: Reenl/020904 Current ENL Term: 2 Years ????? Current ENL Service: 0 Yrs, 5 Mos, 25 Days ????? Total Service: 9 Yrs, 11 Mos, 0 Days ????? Previous Discharges: RA-930331-951022/HD RA-951023-971222/HD RA-971223-000921/HD RA-000922-020903/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 77F3H Petroleum Supply Specialist GT: 112 EDU: 16 Years Overseas: Korea x 2, (931004-940929), (990103-000102)-Prior Service) Combat: None Decorations/Awards: ARCOM (3), AAM (4), GCMDL (3), NDSM (2), NCOPDR (2), ASR, OSR, (2), C/Ach (6) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 19 February 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (you were involved in sexual misconduct leading to an Equal Opportunity Investigation, in which the allegations were substantiated), 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, 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 unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The separation authority 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, the discharge is improper. The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was improper. Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 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 discharge was and is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code. 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: Secretarial Authority under Chapter 5, AR 635-200 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: 9 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060015469 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 6 pages