Application Receipt Date: 060125 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting document. 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: 041115 Discharge Received: Date: NIF Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: NIF (No copies of the applicant's DD Form 214 or Discharge Orders were found in the record) Unit/Location: Headquarters and Service Company, 3rd Military Intelligence Battalion Time Lost: None Article 15s (Charges/Dates/Punishment): 040828/FTR X2, derelict in duty performance, disobeying a lawful order, wrongfully appropriated a government owned vehicle. 040924/Disobeying a lawful order/FC (No record of a continuation sheet was found as stated on Article 15). 040909/Suspension of punishment of "reduction to E1 and forfeiture of $278.00 per month for one month" was vacated, due to applicant's violation of restriction on 040903. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850516 Current ENL Date: 031007 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 01Mos, 24Days (Date of discharge was determined based on information received from the applicant) Total Service: 01 Yrs, 01Mos, 24Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 42A10 (Human Resource Specialist) GT: 97 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: NDSR 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 15 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, for reasons of patterns of misconduct (leaving his appointed place of duty, Article 15's for breaking restriction and failing to report for duty, derelict in duty, disobeying an order, wrongfully appropriating a government vehicle, and failing to report for duty), 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. On 22 November 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge. 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, 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 issue submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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. Therefore, the analyst determined that reason for discharge and the characterization of service were both proper and equitable and recommends the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061206 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 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. While the applicant's misconduct is not condoned, the Board found that the circumstances surrounding his discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to "1" Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061208 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001372 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages