Applicant Name: ????? Application Receipt Date: 071012 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The Applicant in fact states: "I am requesting the change so that I my take a fulltime position with the Army National Guard. The incident happenned when I was young and since then I have served Distinguishly with the Army National Guard and a full tour in Iraq. I desire to use my experiance and knowledge to futher benifit the military in a fulltime position." 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: 960313 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HHC, USAGCMD, Fort Meade, MD Time Lost: AWOL 28 days (951206-960103) Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 7306 HOR City, State: Roser, AR Current ENL Date: 950721 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 07Mos, 13Days ????? Total Service: 04 Yrs, 00Mos, 15Days ????? Previous Discharges: RA 920130-950720/HD Highest Grade: E-6 Performance Ratings Available: Yes No MOS: 63W Lt Wheel Mechanic GT: 101 EDU: HS Grad Overseas: Germany Combat: Iraq, dates not in file. Decorations/Awards: ARCOM-2, AAM-4, GWOTSM, GWOTEM, ICM, CAB, NDSM, OSR, AGCM-1, ASR V. Post-Discharge Activity Post Service Accomplishments: Applicant rejoined the Maryland ARNG,was ordered to active duty in support of OIF 050607-060922 and again 070323-080331, with service characterized with honorable discharges both times. He still serves in the MD ARNG and has achieved the rank of SSG/E-6. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 13, AR 635-200, by reason of Unsatisfactory Performance with a general under honorable conditions discharge. Furthermore, the DD Form 214 shows a Separation Code of JHJ, unsatisfactory performance and a reentry eligibility (RE) code of 3. The file is void of any separation orders pertaining to the current period of service under review. 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, under honorable conditions discharge is normally considered appropriate, however, a fully 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 applicant’s record is void of facts and circumstances concerning the events that led to his discharge from the Army. The analyst noted that the applicant’s record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 080813 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 4 No change 1 - Character Change 0 No change 5 - 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, based on the overall length and quality and post service of the applicant. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA 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: CHRISTINE U. MARTINSON DATE: 080813 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070013896 ______________________________________________________________________ Page 1 of 5 pages