Application Receipt Date: 060906 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's 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: 911202 Discharge Received: Date: 911223 Chapter: 14 AR: 635-200 Reason: Misconduct-Pattern Of Misconduct RE: SPD: JKM Unit/Location: Company A 3rd Battalion, 41st Infantry, 1ST Cavalry Division, Fort Hood, TX 76546 Time Lost: None Article 15s (Charges/Dates/Punishment): 911028-Steal a wallet, an ATM card, and $5.00 in U.S. Currency, of a value less than $100.00, (Company Grade). 910617-The suspension of punishment of forfeiture of $197.00 imposed on (910610), was vacated on (910702), for the offense of without authority, failed to be at his appointed place of duty. 910610-Without authority, failed to go at the time prescribed to his appointed place of duty, (910513), (Company Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 670901 Current ENL Date: 890718 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 05 Mos, 06 Days ????? Total Service: 02 Yrs, 05 Mos, 06 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11M1O Fighting Vehicle Infantryman GT: 82 EDU: HS Grad Overseas: None Combat: SouthWest Asia (901010-910417) Decorations/Awards: NDSM, SWASM w/2 BSS, 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: The evidence of record shows that on 2 December 1991, 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 (he received two Company Grade Article 15s for theft and not going to his appointed place of duty), 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 9 December 1991, 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 issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. 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 now inequitable. While the applicant's misconduct is not condoned, the analyst found that the length of the applicant's service; to include his combat service, and the time that has elapsed since his discharge, mitigated the discrediting entries in his service record. However, the analyst determined that reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 October 2007 Location: Washington, DC 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 1 No change 4 - Character Change 0 No change 5 - 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 and voted to deny relief. 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: None Other: NA 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: CHRISTINE U. MARTINSON DATE: 2 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012930 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages