Applicant Name: ????? Application Receipt Date: 081007 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documentation submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 070608 Chapter: 6-3b AR: 635-200 Reason: Hardship RE: SPD: KDB Unit/Location: Dallas Recruiting Bn, Irving, TX Time Lost: None Article 15s (Charges/Dates/Punishment): Applicant states he received a company grade Article 15 for missing a PT test and was reduced in rank from E4 to E3; however, the record does not contain any evidence of this action. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 050227 Current ENL Term: 05 Years ????? Current ENL Service: 02 Yrs, 03 Mos, 12 Days ????? Total Service: 05 Yrs, 01 Mos, 27 Days ????? Previous Discharges: RA - 020322-050226/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 13F Fire Spt Spec GT: 105 EDU: HS Grad Overseas: Hawaii, SWA Combat: Afghanistan (040322-050320) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, USA Recruiter Badge V. Post-Discharge Activity City, State: Quinlan, TX Post Service Accomplishments: Applicant stated he is a sophomore in college. Additionally, the Applicant provided documentation indicating he is a member of an organization and, as a member of that organization, is actively involved in volunteer functions to help others. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 9 March 2007, received sole custody of his infant child. Also, on 9 March 2007, having been advised separation action may be initiated against him and that he could "receive an Honorable, Under Honorable Conditions, or Under Other Than Honorable Conditions, discharge or characterization of service" if he did not complete a family care plan within 30 days , the Applicant requested separation from the Army under the provisions of Chapter 6, paragraph 6-3b(2), AR 635-200, by reason of dependency/hardship. On 9 April 2007, the intermediate commander verified and forwarded the Applicant's request. Subsequently, the separation authority approved the Applicant's separation under the provisions of AR 635-200, Chapter 6, Paragraph 6-4 for hardship conditions and directed the Applicant be released from active duty with a characterization of service as "honorable, under honorable conditions". b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Chapter 6, Paragraphs 6-3b and 6-3b(2) provide that a hardship exists when separation from the Service will alleviate undue or genuine hardship and, Soldiers who meet the definition of being a sole parent may apply for separation under hardship. Paragraph 6-11 provides that service will be characterized as honorable or under honorable conditions but, no Soldier will be awarded a characterization of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in the service record that warrant such a characterization, using the notification procedure. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicant’s military records, and the issue and documents submitted with the application, 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. The evidence in this case supports a conclusion that the Applicant’s characterization of service is inequitable. The analyst noted the Applicant's overall length and quality of the Applicant's service and the post service accomplishments (i.e. civic involvement) and his combat tour in Afghanistan. Additionally, the analyst noted the ambiguity of the separation authority's phrase 'honorable, under honorable conditions', noted that the Applicant's immediate commander highly lauded the Applicant immediately prior to discharge, noted that the record does not contain any evidence of misconduct and, noted that there is no evidence the Applicant was notified he would receive a characterization less than honorable. In view of the foregoing, 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: 29 July 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 based on the Applicant’s quality of his service to include his combat service and, as a result, it is inequitable. 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 proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080015757 ______________________________________________________________________________ Page 1 of 3 pages