Application Receipt Date: 061129 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: 010905 Discharge Received: Date: 011018 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Co A, 3rd BN, 505th Infantry Regiment, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 010814, disobeyed an order from the commander not to consume alcohol (010630), disobeyed an order from an NCO (010626), wrongfully have sexual intercourse with a married woman not his wife (010101-010705), reduction to E1, $521 x 2 (suspended), extra duty and restriction for 45 days (FG) 001219, disrespect and insubordinate to an NCO (001122), reduction to E-2, $564 x 1, extra duty and restriction for 45 days (FG) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 790622 Current ENL Date: 980106 Current ENL Term: 4 Years Current ENL Service: 3 Yrs, 09Mos, 13Days Total Service: 3 Yrs, 09Mos, 13Days Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B1P/Infantryman GT: 112 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, ASR, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states he is enrolled in a degree producing fire science program with plans to enter a career in public service in the fire science field. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 5 September 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of patterns of misconduct-for showing disrespect to noncommissioned officers on several occasions, failed to obey a lawful order from a commissioned officer, and had sexual intercourse with a married woman not his wife with a general under honorable conditions discharge. On 19 September 2001, 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. On 21 September 2001, 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, 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 is now too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service; the circumstances surrounding the discharge, and his post service accomplishments 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 determined 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: Chuck Busick, 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 AR20060016551 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 4 pages