Application Receipt Date: 060613	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: NIF
Discharge Received:     Date: 010409   
Chapter: 5-17    AR: 635-200
Reason: Attend School
RE:     SPD: KCF
Unit/Location: HHC 1st Bn 12th Armored Cavalry Regiment, Fort Hood, TX 76544-5056 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  720409  
Current ENL Date: 970625    Current ENL Term: NIF Years  ?????
Current ENL Service: 03 Yrs, 09 Mos, 15 Days ?????
Total Service:  09 Yrs, 00 Mos, 00 Days ?????
Previous Discharges: RA-920410-940921/HD
                                      RA-940922-970624/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 63T20 Bradley Fighting Vehicle Mech   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: None
Decorations/Awards: ARCOM, AAM (3), AGCM (2), NDSM, NCOPDR, ASR, OSR (2), NM, ALB
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant earned an Associates Degree in Airframe and Powerplant Technology from the [redacted] Institute.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, Paragraph 5-17, by reason of to attend school, with a general, under honorable conditions characterization of service .  Furthermore, the DD Form 214 shows a Separation Code of KCF (i.e., attend civilian school).
      
      The analyst noted that item 25, on the DD Form 214; Separation Authority is incorrect, reads "AR 635-200, Paragraph 5-17" and the anlyst recommends that it be administratively changed to read "AR 635-200, Paragraph 5-16."   

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-16 provides that a Soldier may be separated or discharged from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college , university, vocational school, or tecchnical school.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-16.
       

      c.  Response to Issues, Recommendation and Rationale:  
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the analyst noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  Army Regulation 635-200, Chapter 5 states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his service record that warrants such a characterization, using the notification procedure.  In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. In view of the aforementioned, the analyst determined that the characterization of service was improper, and recommends to  grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 4    No change 1   - Character
		 			      Change 0    No change 0   - 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.  The Board determined that the overall length and quality of the applicant's service; the circumstances surrounding the discharge, and his post service accomplishments, warranted a change in the characterization of the applicant's service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.  

Additionally the Board voted to administratively change item 25, on the DD Form 214; Separation Authority, to read "AR 635-200, Paragraph 5-16."   














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: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008504

Applicant Name:  Mr.    
______________________________________________________________________


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