Application Receipt Date: 060209 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 040224 Discharge Received: Date: 040715 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: MEPS Los Angeles PC Fort Huachuca, AZ 85613-6000 Time Lost: None Article 15s (Charges/Dates/Punishment): 031222-derelict in the performance of duty, in that you willfully and wrongfully charged a total of $199.77 in personal unofficial charges to your US Government official travel credit card and willfully failed to honor the official use limitation x3 (030822), (030925) and (030926), failed to obey a lawful general regulation, by wrongfully grabbing the hand of an applicant making her feel uncomfortable, knowing that she was an applicant (021213), (FG.) 031213-failed to obey a lawful general regulation, by wrongfully obtaining the address of an applicant, knowing that she was an applicant, in order to socialize with her (FG.) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 740306 Current ENL Date: 020228 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 04Mos, 17 Days ????? Total Service: 10 Yrs, 02 Mos, 11 Days ????? Previous Discharges: RA-940505-970515/HD RA-970516-991027/HD RA-991028-020227/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 42L10 Admin Spec GT: 99 EDU: HS Grad Overseas: Korea/ Hawaii Combat: None Decorations/Awards: ARCOM (2), AAM (3), AGCM (2), NDSM, GWOTSM, KDSM, NCOPDR w/2, ASR, OSR (2) 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 18 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (repeated violations of USMEPCOM Regulation 600-22, personal relationships. On 13 February 2003, received an Article 15 for wrongfully obtaining the address of an applicant in order to socialize with her, again received an Article 15 on 22 December 2003, for wrongfully grabbing the hand of an applicant and for making unofficial charges to his government travel card, and his misconduct demonstrates that he cannot conform to Army standards), 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, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. 0n 24 February 2004, the unit commander recommended separation from the service and waiver of further rehabilitative efforts with a general, under honorable conditions discharge. On 27 February 2004, The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 3 May 2004, the Board met, applicant appeared with counsel. The Board recommended separation from the Army with a general, under honorable conditions charactertization of service, with a 12 month suspension. On 8 June 2004, the senior intermediate commander recommeded disapproval of the Board,s findings and recommendations of the suspension of the discharge action for 12 months. On 22 June 2004, 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 careful analysis of the applicant’s military record of service during the period of enlistment now under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offense. 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. Therefore, the analyst determined that the narrative reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061220 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 characterization of service was too harsh, and as a result it is inequitable. The Board found that the 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 relief in the form of an upgrade of characterization of service to fully honorable. However, 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. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None 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: 061222 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002130 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 6 pages