Application Receipt Date: 060405 Prior Review Prior Review Date: None 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: NIF Discharge Received: Date: 051212 Chapter: 12 AR: 135-178 Reason: Misconduct RE: SPD: NIF Unit/Location: HQ, 88th Regional Readiness Command, Fort Snelling, Minnesota 55111-4009 Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant stated in his issues that he received an Article 15-NIF, with the loss of 1/2 month's pay; 45 days extra duty and to attend a rehabilitation class. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 580908 Current ENL Date: NIF Current ENL Term: NIF Years It appears the applicant was ordered to active duty; however, the orders are not part of the available records. See DD Form 214, item 18 (Remarks) Current ENL Service: NIF Yrs, NIF Mos, NIF Days ????? Total Service: 24 Yrs, 10 Mos, 26 Days ????? Previous Discharges: USAR-781121-781126/NA RA-781127-811128/HD USARCG-811129-820726/NA USAR-820727-841013/NA USARCG-841014-880302/NA USAR-880302-990821/NA USAR-990822-040520/NA Highest Grade: E7 Performance Ratings Available: Yes No MOS: 77W40 Water Treatment Specialist GT: 96 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (030328-030710); ( prior service) Decorations/Awards: ARCOM, AAM (5); GCMDL, NDSM, GWOTEM, GWOTSM, AFRMw/Device, C/Ach (1), C/A, L/C (1), L/A V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Sixty-five (65) enclosures, to include character reference letters VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the United States Army Reserves are not contained in the available records. However, the evidence of record shows that on 12 December 2005, DA, HQ, 88th Regional Readiness Command; 506 Roeder Circle; Fort Snelling, Minnesota, Orders 05-346-00122 discharged the applicant from the United States Army Reserve, with an under other than honorable conditions discharge. He was discharged effective 12 December 2005, which was prior to the expiration of his enlistment obligation. b. Legal Basis for Separation: Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s discharge was too harsh, and as a result it is inequitable. The applicant's misconduct was mitigated by service of sufficient length and merit, to include his combat service and the circumstances surrounding the discharge to warrant a partial upgrade of the discharge being reviewed. Further, the applicant, by his misconduct, diminished the quality of his service below that meriting a fully honorable discharge. The reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 July 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: The applicant submitted two (2) documents in support of his testimony 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. The Board does not condone the applicant's misconduct; however, it determined that the circumstances surrounding the discharge and the overall length and quality of the appliant's service, to include his combat service, mitigated the discrediting entry in the service record. 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. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: N/A TO: ARBA Support Division-St Louis Date: 10 July 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 discharge order to the applicant which reflects the following directed change(s): ( X ) Change the characterization of discharge to Honorable. ( X ) Other (see remarks below). Remarks: This action entails voiding discharge order (DA, HQ, 88th Regional Readiness Command, 506 Roeder Circle, Fort Snelling, Minnesota, Orders 05-346-00122) and reissuing a new discharge order. The new discharge order should reflect characterization of service as Honorable. Other: N/A 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: 14 July 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005506 (Corrected Copy) Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages