Application Receipt Date: 060113 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 030903 Discharge Received: Date: 031017 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKF Unit/Location: Area Del And Fld Svc D TC Fort Lee, VA 23801 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): GCM, 030722-on divers occasions between on or about (021121) and (030313), fail to obey a lawful general regulation, by wrongfully having an intimate relationship with a PFC, an initial entry trainee, wrongfully giving a PFC his personal telephone number, wrongfully receiving personal telephone calls from a PFC, wrongfully accepting money from a PFC, wrongfully meeting a PFC privately for dating and wrongfully kissing and sharing a room with a PFC. He was reduced to E-4. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 791206 Current ENL Date: 011018 Current ENL Term: 6 Years ????? Current ENL Service: 02 Yrs, 00Mos, 00Days ????? Total Service: 05 Yrs, 03 Mos, 29 Days ????? Previous Discharges: RA 980619-011017/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 92R1P Parachute Rigger GT: 122 EDU: HS Letter Overseas: None Combat: None Decorations/Awards: ARCOM, AAM (4), AGCM, NDSM, NCOPDR, ASR 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 3 September 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(failure to obey CASCOM & FL Regulation 600-27, a lawful general regulation by having a prohibited social relationship with PFC between (021115) and (030314), 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, 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 30 September 2003, 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 during the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Additionally, the analyst noted that the applicant's SPD code on his DD Form 214 is incorrect, he was discharged under provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense, with a corresponding SPD code "JKQ," however, the DD Form 214 shows an SPD code of "JKF." The analyst determined that the narative reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061129 Location: W ashington, 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 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 inequitable. The Board found that the overall length and quality of the applicant’s service, and the circumstances surrounding the discharge mitigated the discrediting entries in his service record. 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 entails a change to the reentry eligibility (RE) code to "1." Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061201 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000754 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages