Application Receipt Date: 2006/12/08 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The Applicant states that his discharge should be changed because he was diagnosed with a personality disorder which resulted in significant impairement to function in the military. He submitted documents that indicate that on 20 February 1998 he was diagnosed with a personality disorder. 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: 980521 Discharge Received: Date: 980810 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: B Co, 1-18 IN Bn, APO AE (Schweinfurt, GE) Time Lost: None Article 15s (Charges/Dates/Punishment): 980313, communicating a threat to injure the 1SG and other unit leaders by using his automatic weapon if ordered to go to the field, reduction to E-1, forfeiture $218.00, 14 days extra duty and restriction (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 780206 Current ENL Date: 960612 Current ENL Term: 4 Years Current ENL Service: 02 Yrs, 01Mos, 29Days Total Service: 02 Yrs, 01Mos, 29Days Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 11M10/FV Infantryman GT: 120 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: ASR, OSR 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 21 May 1998, 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 for numerous occasions of not being at his place of duty, for being disrespectful to NCOs, for disobeying lawful orders, for failure to pay his debts, for failing his APFT, and for having received a Company Grade Article 15 for communicating a threat, with an under other than honorable conditions discharge. He was advised of his rights. On 13 July 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 24 July 1998, the applicant consulted with legal counsel, was once again advised of the impact of the discharge action, and voluntarily withdrew his conditional waiver. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of under other than honorable conditions. The applicant was discharged from the Army on 10 August 1998. 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 independent evidence he submitted, the analyst recommends to the Board 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 overall length of the applicant's service, the circumstances surrounding his discharge, and the time that has elapsed since the applicant's discharge, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant's characterization of service be partially upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 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 No change - Character Change No change - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation 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: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016810 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages