Application Receipt Date: 060320 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: 950213 Discharge Received: Date: 950421 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 183d Maintenance Company, 4th Infantry Division (Mechanized) Fort Carson, CO Time Lost: None Article 15s (Charges/Dates/Punishment): Summarized Article 15: 921214/FTR/CG 941207/Failure to go at time prescribed to his appointed place of duty on 941014, 941019, and 941123; dereliction of duty 941116, 941117; making a false official statement 941122/CG 2nd Article 15: 950301/Dereliction of duty 950202; wrongfully communicating a threat to kill another Soldier X2/CG Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710908 Current ENL Date: 920422 Current ENL Term: 03 Years (Applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows date entered AD this period as 920916, however, enlistment contract shows date of enlistment as 920422). Current ENL Service: 03 Yrs, 00Mos, 00Days ????? Total Service: 03 Yrs, 00Mos, 00Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 52D10 (Power Generation Equipment Repairer) GT: 99 EDU: HS Grad Overseas: None Combat: None (The applicant does make reference to having served in Somalia for 6 months, his records do not support this) Decorations/Awards: 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: The evidence of record shows that on 13 February 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (writing bad checks, failure to pay just debts, failure to be at his appointed place of duty at prescribed times on numerous occasions, making false statements and missing formations), 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 16 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. 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: The analyst carefully examined the applicant’s record of service during the period of enlistment under review. 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 offenses. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service is improper. The evidence of record supports that he was discharge on the expiration term of service date (ETS). Army Regulation 635-200, Paragraph 3-7a(1), states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his/her period of enlistment (i.e., ETS date). Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable is recommeded to the Board. Futhermore, notwithstanding the propriety of the applicant’s narrative reason for separation; the analyst determined that it was inequitable. The analyst found that the applicant served his entire enlistment and command had the option to allow him to be separated by reason of ETS. In view of the foregoing, the analyst recommends the Board change the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070221 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 and is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of 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 RE code. 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: 070223 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004103 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages