Application Receipt Date: 06/09/21 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: Applicant states he received a general discharge because he lost his security clearance one year before the chapter was initiated. He had the option to reclassify to another MOS but this would have required him to extend his time in the service and he chose not to do it. He states he didn't know he would not receive an honorable discharge or he would have reclassified into another MOS. He states he was an honor graduate at AIT, was a soldier of the month, and that he received several awards. He submitted several documents that are enclosed. 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: 010208 Discharge Received: Date: 010404 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 414th Signal Company, APO AE 09028 (Mannheim) Time Lost: None Article 15s (Charges/Dates/Punishment): None in file; however, applicant was reduced to E-3 on 000225 Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 720308 Current ENL Date: 970403 Current ENL Term: 4 Years 9 months extension Current ENL Service: 04 Yrs, 00 Mos, 02 Days ????? Total Service: 04 Yrs, 00 Mos, 02 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 31R10/Multichannel Transmission Operator GT: 125 EDU: 13L Overseas: Germany Combat: None Decorations/Awards: AAM, 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 8 February 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, for having lost his security clearance with a general under honorable conditions discharge. The unit commander indicated that on 11 October 1998 the applicant was arrested in Texas for driving while intoxicated (DWI). He failed to pay the DWI fine and a warrant was subsequently issued for his arrest. Furthermore, on 12 October 1999, he tested positive for cocaine on a unit urinalysis. He was advised of his rights. On 13 February 2001, 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. He acknowledged that the least favorable discharge he may receive was a general under honorable conditions. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 6 March 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that 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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 October 2007 Location: Washington, D.C. 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 0 No change 5 - 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: Alejandro Champin, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA 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: CHRISTINE U. MARTINSON DATE: 25 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013373 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages