Application Receipt Date: 060621
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with eleven (11) enclosures
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: 030825
Discharge Received: Date: 030918
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: Battery C, 1st Battalion, 77th Field Artillery, Fort Sill, OK 73503-6019
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: 680810
Current ENL Date: Reenl/000706 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 2 Mos, 13 Days ?????
Total Service: 5 Yrs, 11 Mos, 10 Days ?????
Previous Discharges: RA-971009-000705/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 13M20 MLRS Crewmember GT: 94 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (010819-011200)
Decorations/Awards: GCMDL, NDSM, AFEM, NCOPDR, 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:
Evidence of record shows that on 2 July 2003, the separation authority denied the applicant's request for discharge under the provisions of Chapter 6, Paragraph 6-31, AR 635-200, by reason of hardship. On 25 August 2003, 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 (failure to overcome a bar to reenlistment, and refusal to get a family care plan), 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 not 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant has an approved Bar to Reenlistment dated (030505) for not having an approved Family Care Plan on file.
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 applicants military records and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for violation of Paragraph 5-5, AR 600-20 Army Command Policy by not having a valid family care plan, with a general, under honorable conditions discharge. The evidence of record further shows that command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by barring him from reenlisting. The applicant failed to respond appropriately to these efforts. Therefore, the reason for discharge and the characterization of service remains both 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: 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. The Board found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge mitigated the discrediting entries in the 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 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:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 25 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008938
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
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