Application Receipt Date: 060213 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: 911022 Discharge Received: Date: 920124 Chapter: 14 AR: 635-200 Reason: Misconduct-Commission of a Serious Offense RE: SPD: JKQ Unit/Location: D Company 588th Engineer Bn 5th ID Fort Polk, LA 71459-5700 Time Lost: Confinement Civil Authorities-17 days (920107-920124). Article 15s (Charges/Dates/Punishment): 900926-having received a lawful command from a COL, did willfully disobey the same, (900818), (FG). 900706-through neglect lose a military ID card, of a value less than $100.00, military property of the United States, (900617), (CG). 900523-without authority, fail to go at time prescribed to his appointed place of duty, (900517), (CG). __________________________________________________________________ The applicant received General Officer Memorandums Of Reprimand x 2, (910715) and (900601), for driving while intoxicated. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690730 Current ENL Date: 890222 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 10 Mos, 15 Days ????? Total Service: 02 Yrs, 10 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 62B10 Construction Equipment Repairer GT: 95 EDU: HS Grad Overseas: None Combat: None, the applicant states he served in Saudia Arabia, Desert Sheild/Storm, however, there is no documentation in his official file to support this claim. Decorations/Awards: NDSM, ASR, ALB, The applicant list the following awards and decorations on his DD Form 293, ARCOM, Kuwait Liberation Medal, Army Excellent Competition Badge, Army Of Occupation Medal, and the Combat Action Ribbon. However, there is no documentaion in his official file to verify the awards and decorations. V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he was an alcoholic his early years in the Army. He relates in 2001, spending several months at the Water Shed recovery center in " Baca Raton," Florida and has been sober for five years. He further states he is married, has a son, and is currently a Senior Military Program Specialist with JLG. JLG manufactures, train troops and service all 6K and 10K forklifts for the Army. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 22 October 1991, 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 (3 DUIs and other incidences which constitute misconduct), with an other than 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 general, under honorable conditions discharge, and submitted a statement in his own behalf. On 4 November 1991, again the applicant consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board 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 an under other than honorable conditions discharge. The senior commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 28 January 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant was to be reduced to the lowest enlisted rank. A local Bar To Reenlistment was approved on (910813). 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, the issues and documents he submitted, the analyst recommend that the applicant’s characterization of service be upgraded to general, under honorable conditions. 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, the time that has elapsed since his discharge and his post service accomplishments mitigated the discrediting entries in his service record. Furthermore, the analyst found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the analyst recommend to change the narrative reason on the DD Form 214 to current standards "Misconduct." However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070305 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: The applicant submitted two documents in support of his personal appearance hearing. 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, hearing his testimony, 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 applicant's combat service, circumstances surrounding the discharge, the time that has elapsed since his discharge 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. Furthermore, the Board found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to current standards "Misconduct." 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: Current Standards "Misconduct" under provisions Chapter 14, AR 635-200. 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: 070307 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002258 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 6 pages