Application Receipt Date: 060503
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: 921016
Discharge Received: Date: 921103
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKM
Unit/Location: A Company, 3d United States Infantry (The Old Guard), Fort Myer, VA
Time Lost: None (DA Form 4187 dated (920904) indicates the applicant was confined by civil authorities and was present for duty on (920831).
Article 15s (Charges/Dates/Punishment): 921016/Assault on another individual with a gun/FG
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 710127
Current ENL Date: 920204 Current ENL Term: 02 Years 16 weeks (On 920210 extended enlistment 36 weeks)
Current ENL Service: 00 Yrs, 09Mos, 00Days ?????
Total Service: 00 Yrs, 09Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 114 EDU: 3 yrs Coll Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Records show that the applicant became a member of the Georgia Army National Guard on 28 January 2005, and that he extended his term of enlistment 27 January 2006 for a period of three years. He is currently serving in the pay grade of specialist four/E4.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 16 October 1992, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious civil offense, 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 submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 29 October 1992, 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, 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 applicants military records, and the issue he submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends the Board vote to deny relief in this case.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070307
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board does not condone the applicants misconduct; however, determined that the circumstances surrounding his discharge, the time that has elasped since his discharge, and his post service accomplishment, mitigated the discrediting entry 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. 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: Eric S. Moore, 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:
MARY E. SHAW DATE: 070308
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006365
Applicant Name: Mr.
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