Application Receipt Date: 060207 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, I am requesting a change to my discharge so that I may be eligible to receive my education benefits that I signed up for upon enlisting. I spent 3 years, 8 months and 23 days on active duty and received many rewards and certificates of achievments while in the military. My discharge to my understanding was from unsatisfactory performance relating to failed PT tests. After our unit moved from Ft. Bliss TX. to Ft. Carson Co, my PT scores began to suffer. Even after proper acclimation time I was unable to finish the running portion of the PT test in standard time. Going from sea level to high mountain level I could not adjust even after remedial time running which I did by myself and with my NCO's. I had spent over the 36 months in active duty to receive my education benefits but because of this discharge type I can not receive benefits to help me get my degree. I also paid into the GI Bill within the first year. In Sep. 2002 I reenlisted in the National Guard knowing full well the possibility of being deployed and spent 2 more years in the military. I could not sign up for benefits then as I was told the time between service was to great and would need to go a year before extending my enlistment and getting benefits. When extension time came around I voluntarily extended under the understanding that if I didnt then I would be involuntarily extended with no chance of adjusting my contract. So I now have 6 years active duty time and would like the opportunity to better myself through education. I would also like to be able to receive the other benefits that veterans are eligible. I was and still am proud for serving in the military. 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: 980220 Discharge Received: Date: 980310 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: B Troop, 1st Squadron, 3rd ACR, Fort Carson, CO 80913 Time Lost: None Article 15s (Charges/Dates/Punishment): 970623, without authority absent himself from his apointed place of duty 0800-1130, (970619-970620); (Summarized) 2nd Article 15, undated, failed to be at his appointed place of duty (970806) and willfully disobeyed a lawful order from a SGT (970806); (Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760625 Current ENL Date: 940613 Current ENL Term: 4 Years with a 1 year extension (030316). New ETS date (040812) Current ENL Service: 3 Yrs, 8 Mos, 28 Days ????? Total Service: 3 Yrs, 8 Mos, 28 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 19D10 Cavalry Scout GT: 105 EDU: 15 Years Overseas: None Combat: None Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 16 February 1998, the trial counselor, CPT/JA, indicated that all the necessary documents were present, and that the requirements for Chapter 13-2 processing, and the action was legally sufficient. 20 February 1998, the unit commander subsequently recommended separation from the service under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a general, under honorable conditions discharge. The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army, and the analyst is presuming Government regularity in the discharge process. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3. On 5 March 1998, DA, HQ, Fort Carson, Colorado, Orders 064-0004 discharged the applicant from the Regular Army, effective date 10 March 1998. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst noted that the unit commander properly initiated separation action under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance with a general, under honorable conditions discharge. Furthermore, the analyst determined that 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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of this Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the reason for discharge and the characterization of service remains both both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 December 2006 Location: Washington, DC 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 available 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, and as a result it is now inequitable. The Board found that the overall length and quality of the applicant’s service and his post service accomplishments, 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. The Board determined that the reason for discharge was proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. Ron Williams, 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: 22 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001932 Applicant Name: ______________________________________________________________________ Page 6 of 6 pages