Application Receipt Date: 060221 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 920121 Discharge Received: Date: 920203 Chapter: 14 AR: 635-200 Reason: Misconduct-Commission of Serious Offense RE: SPD: JKQ Unit/Location: Company B, 82nd Signal Battalion, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 911003/Making a false official statement/CG 911210/Disobeying a lawful order/CG Date of action unknown/Suspension of punishment of "forfeiture of $224.00 pay for one month" was vacated, due to applicant failing to go at the time prescribed to his appointed place of duty on 911216. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690322 Current ENL Date: 880816 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 05Mos, 18 Days ????? Total Service: 03 Yrs, 05Mos, 18Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63B1P (Light Wheel Vehicle Mechanic) GT: 89 EDU: HS Grad Overseas: SWA Combat: Iraq (900816-910324) Decorations/Awards: ASR, NDSM, AGCM, SWASM (with 2 bronze stars), AAM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states that he has distinguished himself in the Arkansas Army National Guard and has proudly served with the Guard in Operation Iraqi Freedom II. Records show that the applicant became a member of the Arkansas Army National Guard on 18 April 2002, and that he served on active duty from 12 October 2003 to 22 April 2005 receiving a honorable discharge. He is currently serving in the Arkansas Army National Guard in the pay grade of staff sergeant/E6. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 21 January 1992, 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 (disobeying the command of a commissioned officer), 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, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 27 January 1992, 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, 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, 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 overall length and quality of the applicant's service, the circumstances surrounding the discharge, and his post service accomplishments (service in the Arkansas Army National Guard the past four years), mitigated the discrediting entries in his service record. Futhermore, notwithstanding the propriety of the applicant’s narrative reason for separation; the analyst determined that it was inequitable. The analyst found that the narrative reason for separation on the applicant’s DD Form 214 was incorrect. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the analyst recommends that the narrative reason on the DD Form 214 be changed to current standards “misconduct.” 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 discharge was inequitable. While the applicant's misconduct is not condoned, the Board found that the applicant's overall length and quality of service to include his combat service, his post service accomplishments, and the time that has elasped since his discharge, mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to "1". Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061221 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002623 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages