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 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: 920511 Chapter: 14 AR: 635-200 Reason: Misconduct-Commission Of A Serious Offense RE: SPD: JKO Unit/Location: 2nd Region, USACIDC APO AE 09710 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SPCM-911114-failure to pay just debt and disobeyed order of a commissioned officer; reduction to E-5 and to receive a reprimand. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 620528 Current ENL Date: 860721 Current ENL Term: 6 Years ????? Current ENL Service: 5 Yrs, 9 Mos, 11 Days ????? Total Service: 11 Yrs, 7 Mos, 3 Days ????? Previous Discharges: RA-801009-831005/HD RA-831006-860720/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 95D10 CID Spec Agent GT: 115 EDU: Associates Degree Overseas: Germany Combat: None Decorations/Awards: ARCOM, AAM (2), AGCM (2), NDSM, NCOPDR w/2, ASR, OSR (2), 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 complete facts and circumstances leading to the applicant’s discharge are not contained in the available records. However, the evidence of record shows that the intermediate commander recommended disapproval of the applicants request for a conditional waiver to an administrative separation board and that he be separated with a characterization of service of under other than honorable conditions discharge. On 4 March 1992, the General Court-Martial Convening Authority disapproved the applicant's request for a conditional waiver. The applicant's 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 14-12c, AR 635-200, for misconduct-commission of a serious offense with an under other than honorable conditions separation of service. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., Misconduct-Commission Of A Serious Offense) with an RE Code of "3." Evidence of record shows that on 11 May 1992, Orders 126-23, U.S. Army Transition Point, Fort Jackson, SC 29207-6430, discharged the applicant from the Regular Army, effective date: 11 May 1992. 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 records for the period of enlistment under review and the independent evidence he submitted, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst determined that the overall length and quality of the applicant's service and the time that has elasped since his discharge mitigated the discrediting entry in his service record. Further, the analyst found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the analyst recommends to change the narrative reason for separation on the DD Form 214 to misconduct." Except for the foregoing modification to the applicant's reason for separation, the analyst found that the reason for separation was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060911 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: The applicant submitted additional documents in support of his personal appearance. 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable based the overall length and quality of the applicant's service, circumstances surrounding the discharge, his post service accomplishments and the time that has elasped since his discharge. Accordingly, the Board voted to grant full 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 "1." Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority Other: NA 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: ESMERALDA G. PROCTOR DATE: 060915 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004138 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages