Application Receipt Date: 061020
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 960731
Discharge Received: Date: 960830
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: LHJ
Unit/Location: Headquarters and Headquarters Company, 555th Combat Engineer Group, Fort Lewis, WA 98433
Time Lost: None
Article 15s (Charges/Dates/Punishment): 960522/Failure to go at the time prescribed to his appointed place of duty X 3, on or about (960228, 960315, and 960425)/(Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 730923
Current ENL Date: 950824 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 00Mos, 07Days ?????
Total Service: 04 Yrs, 05Mos, 06Days ?????
Previous Discharges: RA-920325-950823/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 31U10 (Signal Support System Specialist) GT: 121 EDU: HS Grad Overseas: Germany, Southwest Asia Combat: Kuwait (930730-931206)
Decorations/Awards: AAM, NDSM, SWASM (w/1 bronze service star), ASR, OSR, KLM
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 31 July 1996, 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 (received a Company Grade Article 15 on (960522) for three specifications of FTR), 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, waived consideration of his case by an administrative separation board, 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. On 9 August 1996, 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 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 recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his incidents of unsatisfactory performance. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is now inequitable. While the applicant's incidents of unsatisfactory performance are not condoned, the analyst found that the overall length of the applicant's service to include his combat service, and the time that has elapsed since his discharge mitigated the discrediting entries in his service record. 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: 7 November 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 2 No change 3 - 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 discharge was both proper and equitable, and voted to deny relief.
Case report reviewed and verified by: Eric S. Moore, 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: 20 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014935
Applicant Name: Mr.
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