Application Receipt Date: 060601	

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: 920325
Discharge Received:     Date: 920430   
Chapter: 14    AR: 635-200
Reason: Misconduct-Commission of a Serious Offense
RE:     SPD: JKQ
Unit/Location: A Company, 3d Battalion, 17th Infantry, 3d Brigade, 7th Infantry Division (Light), Fort Ord, CA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): Summarized Article 15: 910620/Failure to report to his place of duty/Company Grade

910918/Failure to follow a order given by the first sergeant to "Carry your Assigned AN/PVS-4A Scoop and Bayonet with you all the times"/Company Grade.  Document makes reference to a continuation sheet, however, no continuation sheet was found.

2d Article 15:  911001/Failure to go at the time prescribed to his appointed place of duty on 910919 and 910923.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  631230  
Current ENL Date: 900417    Current ENL Term: 4 Years  14 Weeks
Current ENL Service: 02 Yrs, 00Mos, 14Days ?????
Total Service:  02 Yrs, 00Mos, 14Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: 95   EDU: 1 yr Coll   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM
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 25 March 1992, 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 (receiving a Article 15 for failing to obey a lawful order given by the first sergeant to carry his assigned AN/PVS-4A scope and bayonet with him and not in his rucksack), 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 10 April 1992, the separation authority 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 applicant’s military records, and the independent evidence he submitted, the analyst recommends to the Board that the discharge 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.  While the applicant's misconduct is not condoned, 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.  The analyst found that the applicant's length of service, the circumstances surrounding the discharge, and the time that has elasped since his discharge, mitigated the discrediting entry in the service record.  
      
      Futhermore, notwithstanding the propriety of the applicant’s narrative reason for separation; the analyst determined that it was inequitable.  The analyst found that the narrative reason for separation on the applicant’s DD Form 214 was incorrect.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the analyst recommends that the narrative reason on the DD Form 214 be changed to current standards “misconduct.”
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 4 April 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 inequitable.  The Board found that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, and the time that has elasped since his discharge 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 and change 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: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200.
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: 12 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007841

Applicant Name:  Mr.       
______________________________________________________________________


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