Application Receipt Date: 060815	

Prior Review    Prior Review Date: None

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

Issues: See 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: NIF
Discharge Received:     Date: 010117   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: D Company 327th Signal Bn (Airborne) Fort Bragg, NC 28307-5000 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000911-without authority, fail to go to his appointed place of duty x 2, (000807) and (000801), (Field Grade).

000710-AWOL (000615-000619), (Field Grade).

000110-without authority, fail to go to his appointed place of duty, (991203), disobeyed a lawful order from a SSG x 2, (991201 and 991202), did treat with contempt a SSG, (991202), and AWOL from (991119-991118), (Company Grade).

990302-disobeyed a lawful order from a SGT, (990206), and dereliction of duty, (990120), (Company Grade).

The suspension of punishment of reduction to PV2/E2 and forfeiture of  $235.00 pay for one month,  imposed on (990302), was vacated on (990324) for the following offense: without authority, fail to go to his appointed place of duty.

990114-without authority, fail to go to his appointed place of duty x 2, (981214) and (980914), (Summarized).  


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  780704  
Current ENL Date: 980529    Current ENL Term: 3 Years  item 12a on DD Form 214, date entered active duty this period is incorrect, should read (980529), see enlistment contract. 
Current ENL Service: 02 Yrs, 07 Mos, 18 Days ?????
Total Service:  02 Yrs, 07 Mos, 18 Days ?????
Previous Discharges: ARNG-961016-970102/NA
                                      ADT-970103-970428/UNC
                                      ARNG-970429-980528/NA
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 31L1P Wire System Installer   GT: 113   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: 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 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (he received two Field Grade Article 15s and three Company Grade Article 15s), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights are not contained in the available record and Government regularity is presumed in the discharge process.  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 4 December 2000, the separation authority waived further rehabilitative efforts and 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, and 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 during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes [ redacted ] 

Witnesses/Observers: No 

Exhibits Submitted: None




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable.  The Board found that the overall length of the applicant’s service, the circumstances surrounding his discharge, and his post service accomplishments mitigated the discrediting entries 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.  However, the Board determined that the reason for discharge was both proper and equitable, voted not to change it.  















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

Case Number AR20060011675

Applicant Name:  Mr.       
______________________________________________________________________


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