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 and 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: 950907
Discharge Received:     Date: 951206   
Chapter: 4    AR: 635-120
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Headquarters and Headquarters Company, 2d Battalion, 29th Infantry Regiment, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant received a General Officer Letter of Reprimand on (950530), for failure to report for assigned duty on (950123) knowing his presence was required to conduct a battalion live-fire exercise, and for being absent from his appointed place of duty during parts of (950125, 950126 and 950127).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  640212  
Current ENL Date: 910624    Current ENL Term: 04 Years  ?????
Current ENL Service: 04 Yrs, 05Mos, 13Days ?????
Total Service:  15 Yrs, 02Mos, 22Days (Applicant's DD Form 214 incorrectly show's total service of 12 yrs, 3 mos, and 27 days).
Previous Discharges: ARNG-800914-830809/NA
                                      RA-830810-880809/HD
                                      ARNG-880810-900916/UNC
                                      USARCG-900917-910623/NA
Highest Grade: 1LT
Performance Ratings Available: Yes    No 
MOS: 13A(Field Artillery)   GT: NIF   EDU: BS   Overseas: Panama, Germany   Combat: None
Decorations/Awards: ARCOM (3d Award), AAM (3d Award), AGCM, NDSM, NCOPDR, ASR, OSR (2d Award), Parachutist Badge, Air Assault Badge, Certificate of Achievement (3)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Records show that the applicant reenlisted in the Army on (060308) for a period of 3 years and 12 weeks as a sergeant/E5 and was later promoted to staff sergeant/E6 on (061001).

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the complete facts and circumstances concerning events that led to a discharge from the Army.  However, evidence of record shows that on 24 August 1995, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 635-120, by reason of failing to report to a battalion live-fire exercise on 23 January 1995, and absenting himself from his appointed place of duty during parts of 25, 26 and 27 January 1995.  As a result of his actions, he received a General Officer Letter of Reprimand.  On 19 October 1995, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 635-120, resignation in lieu of further elimination proceedings.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and waived any right he had to either submit matters in explanation, rebuttal, or defense concerning the allegation in his case.  He understood that he could be furnished an honorable or general discharge as determined by Headquarters Department of the Army.  The record is void of the applicant's chain of command's recommendation for approval of the resignation in lieu of elimination proceedings, and the analyst presumed Government Regularity in the discharge process.  On 24 October 1995, the Commanding General for Headquarters United States Army Infantry Center, Fort Benning, Georgia, recommended approval of the resignation in lieu of elimination proceedings with issuance of a general discharge.  The record is void of the separation authority's approval letter directing that the applicant be discharge from the service, and the analyst presumed Government Regularity in the discharge process.

      b.  Legal Basis for Separation:  
      Army Regulation 635-120 sets for the basic authority for Officer transfers and discharges.  Chapter 4 outlines the policy and procedure for resignation in lieu of elimination of officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the term of service under review, the issue and documents he submitted, the analyst recommend 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 was 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 of the applicant's service, the time that has elapsed since his discharge, and his post service accomplishment, mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 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 3    No change 2   - 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 term of service 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 now inequitable.  Accordingly, the Board voted to grant partial 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: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007406

Applicant Name:  Mr.        
______________________________________________________________________


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