Application Receipt Date: 060221 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: 050712 Discharge Received: Date: 050930 Chapter: 14 AR: 635-200 Reason: Misconduct, Absentee Returned To Military Court RE: SPD: JKD Unit/Location: HHC 82nd Signal Bn Fort Bragg, NC 28310 Time Lost: None Article 15s (Charges/Dates/Punishment): 050609-without authority, fail to go to appointed place of duty x2, (050420) thru ((050502) and (050427); through neglect, lose military I.D. card, (050427); with intent to deceive, make a false official statement to a 1SG, (050427); found drunk on duty as radio guard in the EOC, (050429); having knowledge of a lawful order issued by CPT, not to consume alcohol while enrolled in ASAP, failed to obey same x2, (050429) and (050518); without authority, absent himself from his unit, (050514), (FG.) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790910 Current ENL Date: 010604 Current ENL Term: 6 Years ????? Current ENL Service: 04 Yrs, 03 Mos, 17 Days ????? Total Service: 04 Yrs, 03 Mos, 17 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 25F10 Net Work Switching Sys Op/Maintainer GT: 111 EDU: HS Grad Overseas: None Combat: Afghanistan (030214-030828) Decorations/Awards: AGCM, GWOTSM, ASR 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 12 July 2005, 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 (failure to report, loss of military property, making a false official statement, drunk on duty, violation of a lawful order and absence without leave), with an under 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, 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 and did not submit a statement in his own behalf. On 25 July 2005, the applicant waived his right to appear before an administrative separation board. 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. On 26 August 2005, the separation authority reviewed the request for the unconditional waiver of administrative separation board submitted by the applicant and directed that the applicant be discharged with a characterization of service of under other than 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, the issue and document he submitted, the analyst recommends 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 inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record. Furthermore, the analyst found that the narrative reason for separation on the applicant’s DD Form 214 was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the analyst recommends to change the narrative reason on the DD Form 214 to current standards “misconduct.” However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070110 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 was inequitable. The Board found that the overall length and quality of the applicant's service to include his combat service, and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record. 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 does not entail a change to the reentry eligibility (RE) code. 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: 071012 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002621 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages