Application Receipt Date: 060628 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: 040302 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HQ & HQ Company, 86th Signal Battalion, Fort Huachuca AZ 85613 Time Lost: None Article 15s (Charges/Dates/Punishment): 030918, failed to go to his appointed place of duty x 3, (030801), (030805), (030814), disrespectful in language toward a SGT (030827), disobeyed a lawful order from a SGT (030827), dereliction of duty, in that you failed to issue a fellow soldier their weapon as previously arranged, as it was your duty to do so (030826, (030827), (Company Grade) Court-Martials (Charges/Dates/Punishment): 031024, Summary Court-Martial for attempted assault with a loaded firearm, disrespect to a commissioned officer, offered violence to a commissioned officer, unlawfully entered a sleep tent with intent to commit assault and issued a threat, and wrongfully communicated a threat to kill a CPT. He was sentenced to forfeiture of $767.00 pay per month for one month, and confinement for 25 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 810813 Current ENL Date: 020828 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 6 Mos, 5 Days ????? Total Service: 1 Yrs, 6 Mos, 5 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Specialist GT: 108 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait, Iraq (030214-031211) Decorations/Awards: NDSM, ASR 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 11 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (attempted assault with a loaded firearm, disrespect to a commissioned officer, offered violence to a commissioned officer, unlawfully entered a sleep tent with intent to commit assault and issued a threat, and wrongfully communicated a threat to kill a CPT), 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a CID Report of Investigation dated (030902) in his OMPF 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 or poor duty performance. 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: 21 March 2007 Location: Washington, DC 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 was both proper and equitable, voted to deny relief. 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: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009055 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages