Application Receipt Date: 060222 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that requesting updated DD 214 to show status as of 19/10/1999. Unpon completion of inactive reserves. Also to show that my discharge rank was PV2. 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: 950208 Discharge Received: Date: 950403 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: 283RD Medical Detachment, 4th Battalion, 123rd Aviation, Arctic Support Brigade, Fort Wainwright, AK 99703 Time Lost: None Article 15s (Charges/Dates/Punishment): undated, failed to go to his appointed place of duty x 3, (941206), (941212), (950109), (Company grade) 2nd Article 15, 950206, failed to go to his appointed place of duty (950120), (Company Grade) The suspension of the punishment of forfeiture of $478.00 pay per month for 2 months imposed on (950112) was vacated, effective (950125) based on the applicant failed to be at his appointed place of duty on time (950119) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 740115 Current ENL Date: 920811 Current ENL Term: 5 Years ????? Current ENL Service: 2 Yrs, 7 Mos, 23 Days ????? Total Service: 2 Yrs, 7 Mos, 23 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 93P10 Aviation Operations Specialist GT: 121 EDU: HS Grad Overseas: Alaska (930106-950403 Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 6 February 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (he demonstrated unsatisfactory performance, even after formal counseling, and his unsatisfactory performance will continue, he is a disruptive influence and he will not develop sufficiently to become a satisfactory Soldier), with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 21 March 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions and transferred to the USAR Control Group (REINF). b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that 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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. Therefore, the reason for discharge and the characterization of service remains both both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 December 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 now inequitable. The Board found that the length of the applicant’s service, his post service accomplishments and the time that has elasped since his discharge, 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. The Board determined that the reason for discharge was proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None 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: 22 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002647 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages