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ARMY | DRB | CY2006 | AR20060008132
Original file (AR20060008132.txt) Auto-classification: Denied
Application Receipt Date: 060606	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments

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: 051214
Discharge Received:     Date: 060331   
Chapter: 3    AR: 600-8-24
Reason: Miscellaneous/General Reasons
RE:     SPD: FND
Unit/Location: HHC, 7th Signal Brigade, CMR 437, Mannheim, Germany, APO, AE  09267 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770318  
Current ENL Date: 021205    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 3 Yrs, 3 Mos, 26 Days ?????
Total Service:  4 Yrs, 0 Mos, 6 Days ?????
Previous Discharges: USAR-020305-021204/NA
Highest Grade: 1LT
Performance Ratings Available: Yes    No 
MOS: 25A Signal, General   GT: N/A   EDU: BA Degree   Overseas: Germany, Southwest Asia   Combat: Kuwait/Iraq (040117-041126)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR, C/A, C/Ach
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 7 November 2005, the applicant voluntarily tendered his unqualified resignation from the service under the provisions of Chapter 3, paragraph 3-5; AR 600-8-24, by reason of miscellaneous general reasons (wants to pursue his career in the civilian sector).  The record also shows that the applicant’s Senior chain of command recommended approval of his request for resignation with a characterization of service of honorable.  On 8 February 2006, CDR-AHRC Alexandria, VA//AHRC-OPD-A//CDR 1st PERSCOM Schwetzingen, Germany approved the applicant's unqualified resignation from the service with issuance of a general under honorable conditions discharge.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 3, paragraph 3-5, AR 600-8-24 by reason of miscellaneous/general reasons with a characterization of service of general, under honorable conditions and a separation code (SPD)  of "FND." 

      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets forth the basic authority for the separation of officer personnel from the active Army.  Chapter 3-5 provides the policies and procedures for officers requesting unqualified resignation for miscellaneous general reasons.  
      
      
      
      
      
      
      
      
      

      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 found several mitigating factors to recommend an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service, to include his combat service, the senior commander's recommendation for an honorable characterization of service and that the applicant's record does not indicate that he was subject to any disciplinary actiion under the UCMJ.  The reason for discharge was both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 31 January 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 characterization of service was too harsh and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing 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: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
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: 


MARY E. SHAW				DATE: 2 February 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008132

Applicant Name:  Mr.        
______________________________________________________________________


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