Application Receipt Date: 060710 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached 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: 030908 Discharge Received: Date: 031107 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKB Unit/Location: C Company, 159th Aviation Regiment, 18th Aviation Brigade, Fort Bragg, NC Time Lost: The applicant was confined by the civilian authorities for a total of 60 days, from (030902-031031). Article 15s (Charges/Dates/Punishment): 000803/Derelict in the performance of his duties from about (000721) to about (000724)/(Company Grade). Second Article 15: 001218/Making a false statement to a SFC reference his suspended driving license on or about (001016), making a false statement to his 1SG reference another Soldier's location on or about (001113), disrespect to a commission officer (CPT) on or about (001115), and for the wrongful endeavor to impede an investigation by influencing another Soldier to lie on or about (001115)/(Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760819 Current ENL Date: 000524 Current ENL Term: 05 Years ????? Current ENL Service: 03 Yrs, 03Mos, 14Days ????? Total Service: 08 Yrs, 02Mos, 27Days ????? Previous Discharges: ARNG-000000-950610/NA ADT-950611-950824/UNC ARNG-950825-960110/NA RA-960111-980319/HD RA-980320-000523/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 15P10 (Aviation Operation Specialist) GT: 100 EDU: 2yrs Coll Overseas: Germany, Korea Combat: Afghanistan (020624-021215) Decorations/Awards: ARCOM (3d Award), AAM (3d Award) AGCM (2d Award), NDSM (2d Award), AFEM, AFSM, NCOPDR, ASR, OSR (2d Award), Army Aviator Badge, Air Assault Badge 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 8 September 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—conviction by civil court (sentence to 60 days confinement in civil court for assault on a female), with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, 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. On 2 October 2003, 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, the discharge is improper. The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was improper. Accordingly, 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 is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 June 2007 Location: Atlanta Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 5 No change 0 - Character Change 5 No change 0 - 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 and is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the RE code. Case report reviewed and verified by: Eric S. Moore, 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: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 25 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009786 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages