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. Soldiers 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 applicants 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 applicants 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 applicants 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 applicants 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 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 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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