Application Receipt Date: 070305 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: 040220 Discharge Received: Date: 040318 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Z Troop, 2,nd Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO 80913 Time Lost: AWOL x 2, from (030909-031003) and (040119-040120) for a total of 25 days. However, the lost time was not taken from the applicant's net active service this period on his DD Form 214, item 12c or entered on his DD Form 214 item 29 (Time Lost). Article 15s (Charges/Dates/Punishment): 020618, with intent to deceive, made an official statement to a SFC, which was false (020402), and failed to go to his appointed place of duty (020516), (Company Grade) 2nd Article 15, 031113, AWOL, from (030909-031003), (Company Grade) 3rd Article 15, 031202, failed to go to his appointed place of duty (031107), disobeyed a lawful command from a CPT (031108), disobeyed a lawful order from a SGT (031112), and with intent to deceive, made an official statement to a SSG, which was false (031112), (Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790606 Current ENL Date: 010125 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 1 Mos, 24 Days ????? Total Service: 3 Yrs, 1 Mos, 24 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 101 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (030410-030421), Iraq (030421-040102) and (030410-040102) Decorations/Awards: NDSM, 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: Evidence of record shows that on 18 February 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—pattern of misconduct (you had numerous counselings regarding misconduct such as AWOL, disobeying a direct order from your superior commissioned officer, lying to a noncommissioned officer and breaking restriction), with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board 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 3 March 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The applicant has a Military Police Report dated (030929) in his OMPF 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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service 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. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length of the applicant's service, to include his combat service and the circumstances surrounding the discharge 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: 21 March 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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, 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 general, under honorable conditions. 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: None 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 AR20070003561 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages