Application Receipt Date: 060323 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated in essence that he has been given another chance by the Army and has served successfully. He further stated that he has learned from his mistake and would like to continue to serve. 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: 980116 Discharge Received: Date: 980401 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Company B, 122 Signal Battalion, 2d Infantry Division, APO AP 96224 Time Lost: None Article 15s (Charges/Dates/Punishment): 971112-Disobedience of a lawful order by wrongfully being present in a room of a female, fraternization with an enlisted person by sleeping in the same bed with an enlisted female of a lower rank, drunk and disorderly of a nature to bring discredit upon the Armed Forces/Field Grade. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 641130 Current ENL Date: Reenl/940314 Current ENL Term: 5 Years ????? Current ENL Service: 4 Yrs, 0 Mos, 19 Days ????? Total Service: 13 Yrs, 5 Mos, 10 Days ????? Previous Discharges: RA-841023-890326/HD RA-890327-911201/HD RA-911202-940413/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 31F20, MSE Network Switching Systems Op GT: 116 EDU: HS Grad Overseas: Korea, Germany Combat: None Decorations/Awards: AAM (4th OLC), GCM (4), NDSM, NCOPDR (w/ Num 2), ASR OSR (w/ Num 3) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Honorable service in the Texas National Guard (2004-2006) VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 12 January 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (failure to obey a lawful written order and fraternization), with an other than honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administration 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 an other than honorable conditions discharge. The separation authority approval letter, directing that the applicant be discharged with a characterization of service of general, under honorable conditions, is not a part of the available records, and the analyst is presuming Government regularity in the discharge process. On 18 March 1998, Orders 077-011, DA, Camp Casey Transition Center, Korea, Unit 15543, discharged the applicant from the Regular Army, effective date: 1 April 1998. 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, the time that has elasped since his discharge and his post service accomplishments, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 February 2007 Location: Washington, D.C. 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 inequitable. The Board determined that the overall length and quality of the applicant’s service, to include his combat service, the circumstances surrounding the discharge and his post service accomplishments, 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 and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to 'RE-1'. Case report reviewed and verified by: Mr. John Zangas, 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: 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: 9 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004123 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages