Application Receipt Date: 060523 Prior Review Prior Review Date: Record Review/070124 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: Undated Discharge Received: Date: 930811 Chapter: 14 AR: 635-200 Reason: Misconduct-Pattern of Misconduct RE: SPD: JKM Unit/Location: Company F, Academy Battalion, Center Brigade, US Army Medical Department Center and School, Fort Sam Houston, TX 78234-6100 Time Lost: None Article 15s (Charges/Dates/Punishment): 921214, failed to be present for duty, failed to obey a lawful order from a 1SG x 2, (Summarized) 2nd Article 15, 930113, disobeyed a lawful order from a SFC (921201); (Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 650527 Current ENL Date: 870818 Current ENL Term: 4 Years 36 month ext (910809) 48 month ext (920519) Current ENL Service: 5 Yrs, 11 Mos, 24 Days ????? Total Service: 5 Yrs, 11 Mos, 24 Days ????? Previous Discharges: None Highest Grade: E5 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 121 EDU: 14 Years Overseas: Korea (871215-900913) Combat: None Decorations/Awards: AAM, ASR, OSR, C/Ach (1) V. Post-Discharge Activity Home of Record: New York, NY 10023 Current Address: 6123 Hazel Valley St. San Antonio TX 78242 Post Service Accomplishments: See DD Form 293 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that 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 (received a Field Grade Article 15 for refusing to clear post, Summarized Article 15 for failing to be present for duty, failed to obey a lawful order issued by a 1SG, failed to call the F Company CQ and failed to obey a lawful order issued by a 1SG, and numerous counseling statements reflecting his behavioral pattern of misconduct and that he is unwilling to change into a productive soldier after ample opportunity provided), 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 3 August 1993, 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 for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable and a change to the narrative reason for discharge to current standards "misconduct". The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the length and quality of the applicant's service, the time that has elasped since his discharge and his post service accomplishments mitigated the discrediting entries in his service record. Except for the foregoing modification to the applicant's narrative reason for discharge, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 15 March 2007 Location: Dallas, Texas Did the Applicant Testify? Yes No Counsel: Texas Veterans Commission Attn: Mr. Ronald L. Swisher VA Medical Center, Bldg 2, Room 1E-209 Dallas, TX 75216 Witnesses/Observers: None Exhibits Submitted: The applicant submitted two (2) character reference letters in support of his hearing 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 After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 by changing the characterization of service to fully honorable. Furthermore, the Board found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct. Except for the foregoing modification to the applicant's reason for discharge, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: current standards "Misconduct" under the provisions of Chapter 14, AR 635-200 Other: None 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: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070003166 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 6 pages