Application Receipt Date: 060201 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: SE D 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: 000519 Discharge Received: Date: 000619 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 331st Signal Company 101st FSB Fort Riley, KS 66442 Time Lost: AWOL-4 days, from (000221-000224), and AWOL again for 2 days (000403-000404). The applicant was confined by the military authorities for 25 days (9000414-000508), at the Geary County Detention Facility. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SCM-000414, absent without leave x2, (000403-(000405), and without authority, failed to go at time prescribed to appointed place of duty x2, (000316). Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 740912 Current ENL Date: 970103 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 04 Mos, 16 Days ????? Total Service: 07 Yrs, 09 Mos, 21 Days ????? Previous Discharges: RA-920728-960727/HD ARNG-960728-970102/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 31R10 Multi Chan Trans Sys Op/Maintainer GT: 115 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM (3), AGCM, NDSM, 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 9 May 2002, 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 (he received a Summary Court-Martial on 14 April 2000, for two counts of AWOL and two counts of failure to report. In addition the Soldier has been counseled on 30 March 1999, for bad checks, on 7 January 1999, and 10 March 1998 for failure to report), 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 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 24 May 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. 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 now under review, 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 discharge was inequitable. The Board found that 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 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: 061222 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002624 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages