Application Receipt Date: 070810	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 041214
Discharge Received:     Date: 050224   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Albuquerque Military Entrance Processing Station, 505 Central Ave NM, Suite A, Albuquerque, NM 87102 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040813/Failure to go to his appointed place of duty X 2, on or about (040423) and (040426), and with the intent to defraud falsely submitted a credit application to obtain services under false pretenses on or about (040321)/(Field Grade).

2nd Article 15/041108/Failure to go to his appointed place of duty on or about (041107), breaking restriction on or about (041002)/(Field Grade).

3rd Article 15/050216/Stealing lunch's, which were authorized for applicant's X 3, on or about (041213, 050124 and 050201) of a value of about $5.95 each, and with intent to deceive, signed an official record by signing for the lunches X 3, on or about (041213, 050124 and 050201)/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB: 
Current ENL Date: 991105    Current ENL Term: 4 Years  (The applicant extended his period of enlistment 31 months on (020220), and another 8 months on (030312) giving him a new ETS of (060204)).
Current ENL Service: 05 Yrs, 03Mos, 20Days ?????
Total Service:  06 Yrs, 09Mos, 14Days (The applicant's DD Form 214 item 12d "Total Prior Active Service" incorrectly reads: 05 years, 07 months, and 03 days, should read 00 years, 03 months, and 13 days, based on the available documents in the applicant's record).
Previous Discharges: ARNG-980511-990630/NA
                                      ADT-990701-990807/UNC
                                      ARNG-990808-991104/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 42L10 (Administration Specialist)   GT: 118   EDU: BA Degree   Overseas: Southwest Asia   Combat: Saudi Arabia (010929-020928)
Decorations/Awards: ARCOM (2d Award), AAM, AGCM, NDSM (2d Award), GWOTEM, AFEM, SWASM, NCOPDR, 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 14 December 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 (obtaining services under false pretenses on or about 21 March 2004, failing to report to his appointed place of duty X 3, on or about 23 April 2004, 26 April 2004, and 7 October 2004, and breaking restriction on or about 2 October 2004), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived consultation with legal counsel, was advised of the impact of the discharge action, and did submit statements 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 an under other than honorable conditions discharge.  On 7 February 2005, the separation authority directed that the applicant be discharged with a characterization of service of under other than 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 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 or general, under honorable conditions 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.  Furthermore, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptons and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 3 October 2007              
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 was too harsh, and as a result it is inequitable.  The Board found that the applicant's overall length and quality of service, and the circumstances surrounding his discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, 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: , Examiner									        
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: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE