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 to the Army Review Board Agency, I am requesting a upgrade of my characterterization of discharge due to equity reasons. I have the capability to serve my county in the armed forces through my experiences and education. I attended my home town university and despite hardships I completed my degree in Business Administration in 2003. Despite graduating with a college degree success in obtaining a good job was difficult. I enlisted in the U.S. Army regular active guard component in August 2004 so that I could obtain a more reliable job connection, however I was separated from the military earlier than my original contacted ETS date. In my the sudden separation there was no attempt to provide a period of rehabilitation , and the experience has been very demoralizing in my pursuit to obtain employment. I would be successful candidate to demonstrate positive rehabilitation. I enlisted in the U.S. Army with pride that I was the first in my family in addition the first to graduate from college. I was unfamiliar of army rules and regulations and code of conduct none the less UCMJ until my exposure of army life in basic training and AIT. My brief military career was cut short when I was brought to believe that the summary court martial was a form of arbitration and not the repercussions which led me to being chapter out of the Army. I was given counsel sessions regarding failure to report to formation and I marked agree to the statements however I did not understand the logistics of the counsel statement’s session closing section. To my understanding, my squad leader had summarized the violation and the plan of action however I was not necessarily saying that I commit the violation. Ultimately, the purpose of the counsel statements was compiled to use as evidence in my chaptering out of the army. Honestly, out of the four violations of failure to report only one was legitimate that I failed to report. The two violations of disobeying a lawful order of a NCO remain to be unfounded and it simply tact on in the chapter packet. I not asking to second guess the results of the chapter but instead consider the totality of the issue. Thank you for your time and consideration of this characterization upgrade request. 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: 051121 Discharge Received: Date: 051220 Chapter: 14 AR: 635-200 Reason: Misconduct-Pattern of Misconduct RE: SPD: JKA Unit/Location: Company A, 589th Brigade Support Battalion, 4th Infantry Division (Mechanized), Fort Hood, TX 76544 Time Lost: Military confinement for a total of 24 days, from (051005-051028), as a result of his Summary Court-Martial Article 15s (Charges/Dates/Punishment): 050427, willfully disobeyed a lawful order from a SGT (050412), (Summarized) Court-Martials (Charges/Dates/Punishment): Summary Court-Martial for failing to go to his appointed place of duty x 4, (050803); (050722), (050718), (050715), willfully disobeyed an order from a non-commissioned officer x 2, (050803) and (050715) Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 781205 Current ENL Date: 040729 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 3 Mos, 28 Days ????? Total Service: 1 Yrs, 3 Mos, 28 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92A10 Automated Logistical Specialist GT: 114 EDU: 16 Years Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, 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: Evidence of record shows that 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 (failed to report for duty x 4, disobeyed an order from a non-commissioned officer x 2, for which you received a Summary Court-Martial), 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 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 a general, under honorable conditions discharge. On 30 November 2005, 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 or poor duty performance. Therefore, the reason for discharge and the characterization of service remains 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 discharge was both proper and equitable, voted to deny relief. 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 AR20060002653 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages