Application Receipt Date: 060329 Prior Review Prior Review Date: 050713 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 030404 Discharge Received: Date: 030825 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 010814- wrongfully using your government credit card, (FG.) On 28 September 2001, the suspended portion of the punishment imposed on 28 August 2001, was vacated due to the applicant being arrested for felony malicious wounding on 27 September 2001. 020701-failure to go at the time prescribed to his appointed place of duty x7; willfully disobeyed a lawful order of a SGT; uttering bad checks x2, (CG.) 021106-being absent from his place of duty; failure to go at the time prescribed to his appointed place of duty x4, (CG.) 030317- failure to go at the time prescribed to his appointed place of duty x2; failure to obey a lawful order from an SSG x2, (CG.) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 700831 Current ENL Date: 001017 Current ENL Term: 3 Years ext 23 months/950609 Current ENL Service: 2 Yrs, 10 Mos, 9 Days ????? Total Service: 10 Yrs, 9 Mos, 1 Days ????? Previous Discharges: RA 921125-980318/HD RA 980319-001016/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 75B10 Personnel Admin Spec GT: 111 EDU: HS Grad Overseas: Germany/Bosnia/Sarejevo Combat: Kuwait Decorations/Awards: ARCOM (2), AAM (5), AFSM, GCMDL (2), NDSM (2), SWAM, NCOPDR w/2, ASR, OSR, NATOM 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 4 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct (disobey NCO x2, writing a bad check x2, FTR X13), with a characterization of service of general, under honorable conditions. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separations board contingent on receiving a characterization of service no less favorable than honorable, and did not submit a statement in his own behalf. The General Court-Martial Convening Authority disapproved the conditional waiver and referred the case to an administrative separation board. The Board met; the applicant appeared with counsel. The Board recommended that the applicant be discharged with a characterization of service of general, under honorable conditions. On 7 August 2003, the separation authority approved the findings and recommendations of the administrative separations board 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 l4 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, 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 careful analysis of all the applicant’s military record of service during the period of enlistment now under review, the analyst recommends that relief be denied in this case. 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 applicant’s issues are noted; however, said issues are not found to be sufficiently mitigating to warrant an upgrade of the discharge under review. 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. Accordingly, the analyst determined that the narrative reason for discharge and the characterization of service are both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060807 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: No Exhibits Submitted: The applicant submitted numerous documents in support of his personal appearance hearing. 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 characterization of service was too harsh based on the overall length and quality of the applicant's service and the circumstances surrounding the misconduct 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. However, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: None Other: Issue new DD Form 214 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: 060811 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004586 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages