Application Receipt Date: 061130	

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: 060925
Discharge Received:     Date: 061020   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: E Co, 3-43 AMD, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060616, Disobeyed a lawful command from a CPT (060508), made false official statements x 4 (060509), (060509), (060509), (060509), and failure to report (060509), reduction to SPC/E4, forfeiture of $1,009 x 2 (suspended), 45 days extra duty and restriction (FG).

 060502, Dereliction of duty (060324), disobeyed a lawful order from a SSG (060324), forfeiture of $530 x 1 (suspended), 14 days extra duty and restriction (CG).

060524, suspension of punishment of forfeiture of $530 x 1 was vacated for intent to deceive, made a false statement (060509).     

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  800205  
Current ENL Date: 020102    Current ENL Term: 3 Years  The applicant's current period of enlistment for 3 years should have expired on (050101), see enlistment contract/DD Form 4/1.  However, after examination of the applicant's military records during the period of enlistment under review the evidence of record (separation orders 290-0225) shows that he was discharged from the service on (061020).  It appears that the applicant was held for an additional 1 Yr, 09 Mos, 20 Days after his expiration term of service (ETS).  The analyst was unable to determine from the records whether or not the applicant was retained by reason of stop loss, reenlistment, or for the convenience of the Government.  Furthermore, according to the applicant's ERB  his ETS date was (090216).  
Current ENL Service: 04 Yrs, 09 Mos, 19Days      
Total Service:  07  Yrs, 05 Mos, 23 Days      
Previous Discharges: RA-990428-020101/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mechanic   GT: 86   EDU: HS Grad   Overseas: Germany/Korea/Bosnia/Hungary/Southwest Asia   Combat: Iraq (030907-040215)
Decorations/Awards: ARCOM, AAM-4, AGCM-3, NDSM, ICM, GWOTSM, KDSM, NCOPDR, ASR, OSR-2
V.  Post-Discharge Activity
Home of Record: Las Cruces, NM
Current Address: 258 Buckhorn Drive 
Las Cruces NM 88005
Post Service Accomplishments: The applicant enlisted in the New Mexico National Guard and as a Reserve of the Army in the grade of SPC/E4 for one year on 29 August 2007.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 25 September 2006, 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 receiving numerous counseling statements (disobeying a commissioned officer, failure to report, and false official statements x 4) for which he received a Field Grade Article 15 on 16 June 2006; he was derelict in the performance of his duties as an NCO and disobeyed a lawful order from an NCO for which he received a Company Grade Article 15 on 8 May 2006; and made false official statements to his superior commissioned officer for which he received a vacation of suspension on 24 May 2006, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 10 October 2006, 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 during the period of enlistment under review, the issue and documents 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 is too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; to include his combat service, and his post service accomplishments 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: 9 January 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 is 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.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
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: 


CHRISTINE U. MARTINSON			DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016571

Applicant Name:  Mr.   
______________________________________________________________________


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