Application Receipt Date: 2006/11/29	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that he believes his discharged should be changed because at the time of the discharge he had numerous family problems going on and do not feel they were addressed or took seriously by his command.  His father tried to commit suicide while he was stationed in Korea and he went to the command and the Red Cross to see if he could get a leave of absence.  He does not feel that it was handled appropriately.  He was going through a lot of emotional difficulties at that time  and feels that he was very young and immature.  He would like to have a second chance and join the military again and serve his country with pride.

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: 960724
Discharge Received:     Date: 960819   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HHC, United Nations Command Security Battalion, APO AP 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 960625, assault upon another soldier by striking him in the face with a beer bottle and his fists, to intentionally inflict grievous bodily harm (960525), reduction to E-1, forfeiture $441.00 x 2, 45 days extra duty and restriction (FG)

960528, failure to report (CG)

951127, failure to report to ULLS operators course (951127-951201), reduction to E-3 (suspended), forfeiture $255, 14 days extra duty and restriction (CG)
The suspension of punishment of reduction to E-3 was vacated for failure to report (960312)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  740915  
Current ENL Date: 921027    Current ENL Term: 4 Years       
Current ENL Service: 03 Yrs, 09Mos, 23Days      
Total Service:  03 Yrs, 09Mos, 23Days      
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 31U10/Signal Support SPC   GT: 101   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, GCM, 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 24 July 1996, 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 having received three Article 15's and numerous counseling statements, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult 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 7 August 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The record contains an approved Bar to Reenlistment dated 12 February 1996.

      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 issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance.  However, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of "4".  Therefore, the analyst recommends that the reentry eligibility code be administratively changed to RE-3.  Except for the foregoing modification to the applicant's rentry eligibility (RE)  code, the analyst found that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  Additionally, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
      
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 AR20060016555

Applicant Name:  Mr.        
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