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. 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: 060121 Chapter: 2-12 AR: 135-175 Reason: Moral or professional dereliction RE: SPD: N/A Unit/Location: Detachment 10, HQ 90th Regimental Support Command (-) FC, N. Little Rock, AR 72118 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 571003 Current ENL Date: NIF Current ENL Term: Indefinate Years ????? Current ENL Service: NIF Yrs, NIF Mos, NIF Days ????? Total Service: 26 Yrs, 9 Mos, 9 Days The Applicant's PEBD: (19790519) Previous Discharges: USAR, (Concurrent Service) Highest Grade: O-5 Performance Ratings Available: Yes No MOS: 46A Public Affairs Gen GT: N/A EDU: 16 Years Overseas: Southeast Asia Combat: Qatar (020403-020511), Iraq/Kuwait (030528-040111) Decorations/Awards: NDSM (2), GWOTEM, GWOTSM, ARFRM (M), ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Many personal letters of reference (In excess of 10 letters), Copy of DVD titled "On Point Documentary", Resume, Photos VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the evidence of record shows that on 21 December 2005, Department of the Army, US Army Resources Command, 1 Reserve Way, St Louis MO, 63132-5200, issued orders D-12-539125, and discharged the applicant from the Army Reserves, effective date: 21 January 2006, with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel. Chapter 2-12, in effect at the time, established policy and prescribed procedures for the involuntary separation of members for moral or professional dereliction. Moral and professional dereliction included: Intentional failure to meet personal financial obligations; mismanagement of personal affairs to the discredit of the service; intentional omission or misstatement of facts in official statements or records for the purpose of misrepresentation; acts of personal misconduct; homosexuality; intentional failure to participate satisfactorily in required IRR training; conviction by civil court of a felony resulting in confinement; and, conduct unbecoming an officer. Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's available military records, and the issues he submited, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army. However, the evidence of record shows the applicant was discharged under the provisions of Chapter 2-12, AR 135-175, due to moral or professional dereliction. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by General Court-Martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. In the absence of information to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It is also noted that the characterization of service for this type of discharge may be furnished as an Honorable, General under Honorable, or under other than honorable conditions, and that the applicant would have been aware of that prior to requesting discharge. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 October 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: Yes [ Redacted ] Witnesses/Observers: None Exhibits Submitted: Personal Statement, Resume Videograph, Photos, Video 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 characterization of service was too harsh and as a result it is inequitable, based on the overall length and quality of the applicant's service, which mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general under honorable conditions. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 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: General, Under Honorable Conditions Change Reason to: ????? Other: TO: ARBA Support Division-St Louis Date: 2 October 2006 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new order to the applicant which reflects the following directed change(s): ( X ) Change characterization of discharge to General, Under Honorable Conditions. ( X ) Other (see remarks below). Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with a General Under Honorable characterization of service. 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: 6 October 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005279 Applicant Name: ______________________________________________________________________ Page 2 of 6 pages