Application Receipt Date: 060420 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: 050701 Discharge Received: Date: 050716 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 060052 ADA Patroit D Btry E5 Ansbach, GE, APO, AE 09177 Time Lost: None Article 15s (Charges/Dates/Punishment): 050512-without authority fail to go to his appointed place of duty x 2, disrespectful in deportment towards a SFC, willfully disobeyed a lawful order from a SFC, and derelict in the performance of duty as CQ, (FG.) 050622- willfully disobeyed a lawful order from a SFC, (FG.) 020909-disrespectful in deportment towards a SSG, and willfully disobeyed a lawful order from a SSG, (CG.) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 741130 Current ENL Date: 031121 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 7 Mos, 28 Days ????? Total Service: 5 Yrs, 1 Mos, 4 Days ????? Previous Discharges: RA 000613-031120/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: 105 EDU: Degree Credentials Overseas: Germany Combat: Kuwait (011021-020304)/Iraq (030316-030625) Decorations/Awards: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR 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 27 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (found guilty of failure to report on three occasions, disrepect in deportment towards a noncommissioned officer on two occasions, disobedience of a noncommissioned on three occasions, received thirty four negative counseling statements dating from 28 February 2001 to 8 June 2005, and your attitude and behavior can only be perceived as prejudicial to good order and discipline within the armed services warrants separation from the military, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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. 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, 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 military records during the period of enlistment under review, and the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. 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 was too harsh, and as a result it is inequitable. The overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge mitigated the discrediting entries in his service record. However, the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061106 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: The applicant submitted ninety additional 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 discharge was inequitable. The Board found that the overall length and quality of the applicant’s service, to include his combat service, and the circumstances surrounding the discharge 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 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 under provisions of 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: ESMERALDA G. PROCTOR DATE: 061113 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005712 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages