Application Receipt Date: 060331 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 wrote that his indebtedness did not impair his ability to serve but his command took issue with his financial situation. He further states that he has since served successfully on the Texas National Guard and was voluntarilly deployed to Iraq. 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: 980917 Discharge Received: Date: 981002 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Troop C, 2nd Squadron, 7th Cavalry Regiment, 1st Cavalry Division, Fort Hood, Texas 76545 Time Lost: None Article 15s (Charges/Dates/Punishment): 980529-make and utter checks in amount of $80.00 on (980407), $130.00 on (980411), $130.00 on (980411), and thereafter fail to maintain sufficient funds for payment upon its presentment for payment; fail to go to appointed place of duty on (990910) and (980105)/Summarized. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 730630 Current ENL Date: 970313 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 6 Mos, 20 Days ????? Total Service: 1 Yrs, 6 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11M10, Fighting Vehicle Infantryman GT: 114 EDU: GED Overseas: Southwest Asia????? Combat: raq-2003-2004 Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Four letters of reference from Personnel of the Texas Army National Guard; Two DA Form 4980s, indicating the awards of the AAM for 2003-2004, and ARCOM for 2004-2006; certificate of the GCML, Jan 2006. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 17 September 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct - pattern of misconduct (you received a Summarized Article 15 for indebtedness and failing to report. Additionally, you received counseling on numerous occasions for indebtedness and failing to report), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, and submitted 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 18 September 1998, 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 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 with a change of the narrative reason to Secretrial Authority. 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 is too harsh, and as a result it is now inequitable. The analyst found that the applicant's post service accomplishments, including his combat service in Iraq, mitigated the discrediting entries in his service record. Further, the analyst recommends a change to the reentry eligibility (RE) code to RE-1. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 31 January 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 is now inequitable. The Board determined that the applicant's overall length and quality of service, including his combat service, 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 in the reentry eligibility (RE) code to "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: 2 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004604 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages