Application Receipt Date: 060126 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: 001205 Discharge Received: Date: 010209 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: Company C 3rd Bn 8th Cavalry Regiment Fort Hood, TX 76544 Time Lost: AWOL-8 days (000512-000514), (000523-000523) and (000524-000529). Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SCM-000607, absent without leave, (000512-000515) and (000525-000530). Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780109 Current ENL Date: 990323 Current ENL Term: 3 Years ????? Current ENL Service: 03 Yrs, 10 Mos, 11 Days ????? Total Service: 04 Yrs, 10 Mos, 04 Days ????? Previous Discharges: Navy-USNR-960618-961213/HD USNR-961214-970319/NA RA-970320-990322/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 19K10 M1 Armor Crewman GT: NIF EDU: HS Grad Overseas: None Combat: Kuwait/Iraq (050115-051223). Decorations/Awards: AAM, NDSM, ICM, GWOTSM, AFRM w/M Device, ASR, OSR, CIB (Post Service Awards). V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant received an honorable discharge from the Mississippi Army National Guard. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 5 December 2000, 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 (received a summary court-martial and found guilty of two counts of absent without leave, received several counseling statements for failure to report at the time prescribed and failed on several occasions to pay just debts), 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 submitted 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. 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 issues he submitted, the analyst recommends 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 was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service and his post service accomplishments (served in Kuwait/Iraq 050115-051223), served as a Specialist (19K10 M1 Armor Crewman) in the Regular Army and received an honorable discharge from the Mississippi Army National Guard, mitigated the discrediting entries in his service record. 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 "JKK." The analyst determined that the narative reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 0612113 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 is now inequitable. 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: 061215 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001394 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages