Application Receipt Date: 060309 Prior Review Prior Review Date: Record/040714 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: NIF Discharge Received: Date: 050428 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: G Company, 185th AVN GP, Meridian, MS Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): Records indicate that on 18 March 2005, the applicant was pending summary court-martial charges that were preferred against him, and that he had signed a pretrial agreement (offer to plead guilty) with his legal counsel. However, the record does not indicate whether the court-martial convening authority agreed to take the action specified. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 601205 Current ENL Date: 040106 Current ENL Term: NIF Years ????? Current ENL Service: 01 Yrs, 03Mos, 23Days ????? Total Service: 25 Yrs, 10Mos, 01Days ????? Previous Discharges: ARNG-790425-790529/NA ADT-790530-790806/HD ARNG-790807-800604/NA ADT-800605-800717/HD ARNG-800718-911111/HD USARR (IRR) 911112-001227/NA ARNG-001228-040105/NA Highest Grade: E5 Performance Ratings Available: Yes No MOS: 92G10 (Food Service Specialist) GT: 122 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (040301-040825) Decorations/Awards: AAM (6th Award), ARCAM (3d Award), NDSM, AFRM, AFRM w/M Device, NCOPDR, ASR, OSR 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 18 March 2005, the applicant consulted with legal counsel and submitted a statement on his behalf. However, the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army. Furthermore, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense with a characterization of service of under other than honorable conditions and a reeentry eligibility code of 3. Additionally, the DD Form 214 shows a Separation Code of JKQ (i.e., commission of a serious offense). On 28 april 2005, Orders 118-2217, DA, HQ, United States Infantry Center, Fort Benning, Georgia, discharged the applicant from the Army National Guard, effective date: 28 April 2005. The analyst noted that the record also indicates the applicant was issued an NGB Form 22 discharging him from the Army National Guard under the provisions of NGR 600-200, 8-26e(2) by reason of acts or patterns of misconduct with a characterization of service of under other then 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 available military records for the period of enlistment under review, and the independent evidence he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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: 13 June 2007 Location: Atlanta Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: None Exhibits Submitted: Character Reference Letters (13 pages) Incident Statement (1 page) 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 4 No change 1 - Character Change 0 No change 5 - 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, hearing his testimony, 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 inequitable. The Board determined that the applicant's overall length and quality of service to include his combat service and the circumstances surrounding his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. This action does entail a grade restoration to specialist four/E4. 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: NA Other: Thru: Chief, National Guard Bureau Date: 13 June 2007 To: Adjutant General, State of Mississippi The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Mississippi, with issuance of a new NGB Form 22, as follows: ( X ) Change characterization of discharge to General, Under Honorable Conditions. ( X ) Grade restoration to specialist four/E4. Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with an honorable characterization of service. ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change. RE Code: Grade Restoration: No Yes Grade: E4 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 25 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003412 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages