Applicant Name: ????? Application Receipt Date: 070724 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 931214 Discharge Received: Date: 940114 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: A Btry, 6/9th FA, APO AE Time Lost: None Article 15s (Charges/Dates/Punishment): 930728, Disobeying a lawful order from a noncommissioned officer and disrespect towards two noncommissioned officers, 14 days restriction and 14 days extra duty, Summarized Article 15. 931004, Failure to go at the time prescribed to his appointed place of duty (930917) and disobeying a lawful order from a noncommissioned officer (930917), reduction to E-2, forfeiture of $213.00 pay per month for one month (suspended), 14 days restriction and 14 extra duty, (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1971/06 HOR City, State: Melbourne, FL Current ENL Date: 910624 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 06Mos, 21Days ????? Total Service: 02 Yrs, 06Mos, 21Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 13M10/MLRS CRMBR GT: 109 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: NDSM, ASR, V. Post-Discharge Activity Post Service Accomplishments: See attached documents submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 December 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for receiving a Summarized Article 15 (930728) for disrespecting and disobeying a noncommissioned officer; a Company Grade Article 15 (931004), for FTR and disobeying a noncommissioned officer; being charged (931125) by the Kaisserslautern Military Police with fleeing the scene of an accident and operating a POV without a valid USAREUR License; and having little or no initiative, leadership, or the desire to perform his job in a satisfactory manner, 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 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 20 December 1993, 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, under honorable conditions discharge is normally considered appropriate, however, a fully 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 during the period of enlistment under review, documents, and the issues 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 the incidents of unsatisfactory performance. The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is now inequitable. While the applicant's unsatisfactory performance is not condoned, the analyst found that the length of the applicant's service and his post service accomplishments, mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 July 2008 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 5 No change 0 - 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 characterization of service was too harsh and as a result, it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable . The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 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 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070010405 ______________________________________________________________________ Page 1 of 5 pages