Application Receipt Date: 060131 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated in essence that his military service demonstrated that he was a good soldier. He submitted several copies of documents from his military records, to include his Personnel Qualification Record and his DD-214. 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: ????? Discharge Received: Date: 951027 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division (Air Assault), Fort Campbell 42223 Time Lost: None Article 15s (Charges/Dates/Punishment): 950731 - Failure to Report to 0630 formation (950721)/Summarized. 951020 - The applicant was adminstratively reduced (DA 4187) to E-1/PVT from E-4/SPC as a result of DUI (X2) and wreckless driving (June 95). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 740323 Current ENL Date: 940506 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 5 Mos, 22 Days ????? Total Service: 3 Yrs, 4 Mos, 10 Days ????? Previous Discharges: RA 920618-940505/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 31U10, Signal Support Systems Specialist GT: 116 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, ARCOM AGCM, NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 10 October 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of pattern of misconduct (Failure to Report to 0630 formation (950721), numerous counseling statements for failure to go (6 specifications), sleeping during duty, underage drinking, disobeying a lawful order, DUI (two specifications), ADAP failure), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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. On 18 October 1995, 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service and the time that has elasped since his discharge mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 November 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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, based on the overall length and quality of the applicant’s service and the time that has elapsed since his separation. Accordingly, the Board voted to grant relief in the form of an upgrade of 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. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None 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: 27 November 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001788 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages