Application Receipt Date: 061103 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the Applicant 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: 060124 Discharge Received: Date: 060831 Chapter: 14-12B AR: 635-200 Reason: Pattern of misconduct RE: SPD: JKA Unit/Location: Illinois Army National Guard Recruiting and Retention Command, Springfield, IL Time Lost: None Article 15s (Charges/Dates/Punishment): 051007, violated a lawful general regulation and provisions of the Privacy Act of 1974, by wrongfully gaining access to a copy of a physical exam (050514-050515), letter of admonishment filed in his file for 6 months (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 831110 Current ENL Date: 040930 Current ENL Term: 03 Years Current ENL Service: 01 Yrs, 11Mos, 01Days Total Service: 05 Yrs, 8Mos, 02Days Previous Discharges: USAR 001229-020530/NA ADT 020531-020809/UNC USAR 020810-040705/NA ARNG 040706-040929/NA Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 42A24 Human Resources Spec GT: 115 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ARCOM, AAM, ARCAM, NDSM-2, GWOTSM, ASR, Military Outstanding Volunteer Service Medal 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 24 January 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for failure to disclose medical condition prior to entry on AGR; failure to disclose medical condition during periodic physical exam; and receiving a Field Grade Art 15 for violation of a lawful general regulation, with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 12 September 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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, and the independent evidence he submitted, the analyst recommends to the Board 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 inequitable. While the applicant's misconduct is not condoned, the analyst determined that the overall length and quality of the applicant's service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 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 Case report reviewed and verified by: Timon M. Oujiri, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060015491 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 4 pages