Application Receipt Date: 060420	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached supporting documents.

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: 050701
Discharge Received:     Date: 050716   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: 060052 ADA Patroit D Btry E5 Ansbach, GE, APO, AE 09177 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050512-without authority fail to go to his appointed place of duty x 2, disrespectful in deportment towards a SFC, willfully disobeyed a lawful order from a SFC, and derelict in the performance of duty as CQ, (FG.)

050622- willfully disobeyed a lawful order from a SFC, (FG.)

020909-disrespectful in deportment towards a SSG, and willfully disobeyed a lawful order from a SSG, (CG.)  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  741130  
Current ENL Date: 031121    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 7 Mos, 28 Days ?????
Total Service:  5 Yrs, 1 Mos, 4 Days ?????
Previous Discharges: RA 000613-031120/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 105   EDU: Degree Credentials   Overseas: Germany   Combat: Kuwait (011021-020304)/Iraq (030316-030625)
Decorations/Awards: AAM, AGCM, NDSM, GWOTEM, GWOTSM, 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 27 June 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—pattern of misconduct (found guilty of failure to report on three occasions, disrepect in deportment towards a noncommissioned officer on two occasions, disobedience of a noncommissioned on three occasions, received thirty four negative counseling statements dating from 28 February 2001 to 8 June 2005, and your attitude and behavior can only be perceived as prejudicial to good order and discipline within the armed services warrants separation from the military, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  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, and the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  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 overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge mitigated the discrediting entries in his service record.  However, the narrative reason for discharge remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061106              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted ninety additional documents in support of his personal appearance hearing.




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, hearing his testimony 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 circumstances surrounding the 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 fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to “1.”














 

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: None
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: 


ESMERALDA G. PROCTOR		DATE: 061113
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005712

Applicant Name:  Mr.       
______________________________________________________________________


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