Application Receipt Date: 060828	

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: 920311
Discharge Received:     Date: 920413   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKM
Unit/Location: Battery C, 3rd Battalion (Patriot), 43rd Air Defense Artillery Regiment, Fort Bliss, TX  79916 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 920130, With intent to deceive, signed an official statement which was false (920128), Field Grade)


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  700105  
Current ENL Date: Reenl/911212    Current ENL Term: 4 Years  ?????
Current ENL Service: 0 Yrs, 4 Mos, 2 Days ?????
Total Service:  3 Yrs, 9 Mos, 28 Days ?????
Previous Discharges: USAR-870919-880615/NA
                                      RA-880616-911211/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 31K10 CBT Signaler   GT: 104   EDU: HS Grad   Overseas: Germany (881111-901106)   Combat: None
Decorations/Awards: GCMDL, NDSM, ASR, OSR
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 21 February 1992, 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 (you have been counseled on failing your APFT, security violation, failing to go to your appointed place of duty, possession of unauthorized weapons and received two Field Grade Article 15's), 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 submitted 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.  On 27 March 1992, the separation authority 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 920224), in his OMPF.  
      
      
      
      
      
      
      
      
      
      
      

      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, and the issue he submitted, while the analyst does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst determined that the characterization of service is improper.  Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the reason for discharge was both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 September 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 5    No change 0   - Character
		 			      Change 0    No change 5   - 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 and is improper.  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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


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

Case Number AR20060012205

Applicant Name:  Mr.        
______________________________________________________________________


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