Application Receipt Date: 2006/09/20
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached DD 293. Summary, applicant request all badges updated (two silver stars and one bronze star)
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: 1991/10/07
Discharge Received: Date: 1991/10/23
Chapter: 13 Para 13-2a AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: C Company 3rd Battalion 505th Parachute Infantry Regiment, 82 Airborne Division, Fort Bragg, NC 28307-5100
Time Lost: AWOL 16 Days (910823-910909)
Article 15s (Charges/Dates/Punishment): (910924) On or about 0645 hours on 23 Aug 91, without authority, absent yourself from your unit, to wit Co C, 3-505th PIR, located at bldg #C - 7634, and did remain so absent until on or about 0630 hours, 10 Sep 91 (AWOL 16 Days).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 67/04/26
Current ENL Date: 1990/05/30 Current ENL Term: 4 Years 17 Weeks
Current ENL Service: 01 Yrs, 04Mos, 06Days ?????
Total Service: 01 Yrs, 04Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 11B1P Infantryman GT: 90 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (900901-910330)
Decorations/Awards: ASR, NDSM, CIB, SWAEMw/2BSS, KLM(s), KLM (K)
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:
The evidence of record shows that on 7 October 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (you will not develop sufficiently to become a satisfactory soldier; received a field grade article 15, and repeated counseling statements), with a general 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 (submitted) a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 15 October 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.
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. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicants discharge was appropriate because the quality of his service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 31 October 2007
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
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 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 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 based combat sevice and time elapsed.
Case report reviewed and verified by: Earl Silver, 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: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 02 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060013361
Applicant Name: Mr.
______________________________________________________________________
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