Application Receipt Date: 060601	

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: 910718
Discharge Received:     Date: 910930   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: HHD 21st Replacement Bn APO New York 09212-6558 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 910522-without authority, fail to go to his appointed place of duty, (910515), (Company Grade).

901015-without authority, fail to go to his appointed place of duty x 2, (900907) and (900926), (Company Grade).

900123-disobeyed a lawful order from a SSG, (900119), (Summarized).

890710-without authority, fail to go to his appointed place of duty, (890629), (Summarized).   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  650405  
Current ENL Date: 890323    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 05 Mos, 08 Days ?????
Total Service:  08 Yrs, 11 Mos, 03  Days ?????
Previous Discharges: USAR-821104-830705/NA
                                      RA-830706-870702/HD
                                      USAR-870703-881103/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 94B10 Food Service Spec    GT: 115   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: GCM, NDSM, OSR (2), 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:
      The evidence of record shows that on 18 July 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (counseled for a pattern of misconduct inconsistent with military service, (901129).  Since October 1990, there has been no change is his conduct.  He was dismissed from PT to go on sick call, the base clinic has no record you were there, (910107), he was ticketed for an abandoned vehicle, (910401), failed to be at his appointed place of duty x 2, (910704) and (910429), received a Company Grade Article 15,failure to be at his appointed place of duty (910522), received Summarized Article 15s, for failing to be at his appointed place of duty x 2, (890710) and (900123), received a Company Grade Article 15, for failing to be at his appointed place of duty x 2, received 4 parking tickets from (900925) to (900129), received notification of failure to pay just debt, (891128), a Bar to Reenlistment was approved on (900430), the date on the actual document is (900424).  The command felt that due to apathy and a lack of discipline, he has met Army standards and his behavior has not improved sufficiently to become a satisfactory Soldier), 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, waived consideration of his case by an administrative separation board and did not submitt a statement in his own behalf.  The unit commander subsequently recommended separation from the service and  waiver of further rehabilitative efforts.  On 9 August 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with characterization of service of general, under honorable conditions.
      
      A Bar to Reenlistment was approved on the applicant 24 April 1990.    

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. 

      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 he submitted, the analyst recommends 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 the incidents of unsatisfactory performance.  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 unsatisfactory performance is not condoned, the analyst found that the overall length of the applicant's service, and the time that has elasped since his discharge mitigated the discrediting entries in his service record.  However, the reason for discharge remains both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 23 May 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     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 both proper and equitable, voted to deny relief.






















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: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 31 May 2007 
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007839

Applicant Name:  Mr.        
______________________________________________________________________


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