Application Receipt Date: 060728 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: 050802 Discharge Received: Date: 051019 Chapter: 14 AR: 635-200 Reason: Misconduct, Commission Of A Serious Offense RE: SPD: JKQ Unit/Location: 988th Military Police Company, Fort Benning, GA 31905 Time Lost: None Article 15s (Charges/Dates/Punishment): 050322-steal a beret, a set of BDUs, and a pair of boots, of some value, the property of the U.S. Government, between on or about (041228) and (050101), and he was derelict in the performance of duty, ( 041231), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790822 Current ENL Date: 041203 Current ENL Term: 6 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 16 Days ????? Total Service: 07 Yrs, 02 Mos, 16 Days ????? Previous Discharges: RA-980804-010904/HD RA-010905-041202/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 31B10 Military Police GT: NIF EDU: HS Grad Overseas: Alaska/Southwest Asia Combat: Iraq (030404-040323) Decorations/Awards: ARCOM, AAM, AGCM (2), GWOTEM, GWOTSM, NCOPDR, 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 6 July 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—commission of a serious offense (dereliction of duty and larceny), 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, unconditionally waived consideration of his case by an administrative separation board, 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. On 30 September 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. 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, the issue and documents he submitted, the analyst recommend that the applicant’s characterization of service be upgraded 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 characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record. However, the reason for discharge was both proper and equitable. This action entails a restoration of grade to SPC/E4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 June 2007 Location: Atlanta, GA Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: yes Wife and Daughter Exhibits Submitted: The applicant submitted four 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 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service; to include his combat service, and his post service accomplishments, mitigated the discrediting entry 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" and a restoration of grade to SPC/E4. 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: NA RE Code: Grade Restoration: No Yes Grade: SPC/E4 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 AR20060010476 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages