Application Receipt Date: 060221	

Prior Review    Prior Review Date: None

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: 050712
Discharge Received:     Date: 050930   
Chapter: 14    AR: 635-200
Reason: Misconduct, Absentee Returned To Military Court
RE:     SPD: JKD
Unit/Location: HHC 82nd Signal Bn Fort Bragg, NC 28310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050609-without authority, fail to go to appointed place of duty x2, (050420) thru ((050502) and (050427); through neglect, lose military I.D. card, (050427); with intent to deceive, make a false official statement to a 1SG, (050427); found drunk on duty as radio guard in the EOC, (050429); having knowledge of a lawful order issued by CPT, not to consume alcohol while enrolled in ASAP, failed to obey same x2, (050429) and (050518); without authority, absent himself from his unit, (050514), (FG.)   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790910  
Current ENL Date: 010604    Current ENL Term: 6 Years  ?????
Current ENL Service: 04 Yrs, 03 Mos, 17 Days ?????
Total Service:  04 Yrs, 03 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 25F10 Net Work Switching Sys Op/Maintainer   GT: 111   EDU: HS Grad   Overseas: None   Combat: Afghanistan (030214-030828)
Decorations/Awards: AGCM, GWOTSM, ASR
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 12 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (failure to report, loss of military property, making a false official statement, drunk on duty, violation of a lawful order and absence without leave), 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 contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  On 25 July 2005, the applicant waived his right to appear before an administrative separation board.  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 26 August 2005, the separation authority reviewed the request for the unconditional waiver of administrative separation board submitted by the applicant and 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 during the period of enlistment under review, the issue and document he submitted, the analyst recommends that the applicant’s characterization of service be upgraded 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.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record. Furthermore, the analyst found that the narrative reason for separation on the applicant’s DD Form 214 was inequitable.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the analyst recommends to change the narrative reason on the DD Form 214 to current standards “misconduct.”  However, the reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070110              
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     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 discharge was inequitable.  The Board found that the overall length and quality of the applicant's service to include his combat service, and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.
















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: Secretarial Authority under provisions of Chapter 5, AR 635-200.
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 071012
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060002621

Applicant Name:  Mr.        
______________________________________________________________________


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