Applicant Name: ????? Application Receipt Date: 2007/09/19 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with its 24 enclosures submitted by the Applicant in support of his request for an upgrade of his discharge to fully honorable. 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: 040323 Discharge Received: Date: 041201 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Northern Europe Vet Detachment, Giessen, Germany Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1956/11 HOR City, State: Sunny Vale, CA Current ENL Date: 990607 Current ENL Term: 6 Years ????? Current ENL Service: 05 Yrs, 05Mos, 25Days ????? Total Service: 14 Yrs, 05Mos, 15Days ????? Previous Discharges: USAF 870310-870920/HD, USAR 891122-900112/HD RA 901227-990606/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 91R20/Vet Food Inspector GT: 125 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: ARCOM-5, AAM-5, ASR, OSR V. Post-Discharge Activity Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for duty dereliction (031103) for failure to bring his gear to training as instructed, for failure to submit a weekly report (030418), for numerous failures to report, for failure to obey Army regulations, and for insubordination to a NCO (031029), with an honorable discharge. He was advised of his rights. On 26 March 2004, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The applicant did not submit a statement on his own behalf; however, he stated that matters on his defense would be presented at the Board. 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 with an honorable discharge. On 19 August 2004, the administrative separation board convened. The applicant appeared with counsel. The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions. The separation authority approved the recommendation of the administrative separation board 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, however, a general 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, the issues and the independent evidence he submitted, the analyst recommends to the Board 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 inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service and the circumstances surrounding the discharge to include the recommendations by his two immediate commanders, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. 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: 18 July 2008 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 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 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 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: 18 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070012995 ______________________________________________________________________ Page 1 of 5 pages