Application Receipt Date: 2006/10/20	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that while at out processing he was informed that he wasn't going to get an honorable discharge because he had not completed his enlistment.  Since his discharge he has become a corrections officer and the general discharge was not an issue but now he would like to become a law enforcement officer and needs an honorable discharge.  He was told that after enough time had passed he should apply to the Board for an upgrade.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 970307
Discharge Received:     Date: 970718   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: Service Battery, 1-9 FA Bn, Fort Stewart, GA 31314 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970131, failure to report x 2(961227), forfeiture of $210 (suspended), 14 days of extra duty and restriction (CG) 

960925, for disobeying a lawful order from an NCO (960719), writing a check with insufficient funds x 4 (960719, 960720, 960721, 960721), reduction to E-1, forfeiture $204, 14 days extra duty and restriction

960510, for writing a check without sufficient funds (9601), 7 days restriction (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  770215  
Current ENL Date: 950601    Current ENL Term: 4 Years       
Current ENL Service: 02 Yrs, 01Mos, 18Days      
Total Service:  02 Yrs, 01Mos, 18Days      
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: States that he works as a corrections officer

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 7 March 1997, 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 for writing checks without sufficient funds, for failure to pay debts, and for failure to report, with a general under honorable conditions discharge.  He was advised of his rights.  On 7 March 1997, 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.  On 7 April 1997, the separation authority approved the separation action and directed that it be suspended for 6 months to allow for a probationary period.  The applicant was given a rehabilitative transfer to another unit to allow him to continue to soldier and recover from his past mistakes.  On 9 July 1997, the separation authority notified the applicant that he was initiating action to vacate his suspended separation for unsatisfactory performance, by reason of failing to meet the appropriate standards of conduct and duty performance.  He was advised of his rights.  On 11 July 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group. The record contains an approved Bar to Reenlistment dated 4 February 1997.

      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 applicant's military records, and the issues 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 evidence of record shows that command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling, by the imposition of non-judicial punishment, and by suspending the separation action for 6 months.  The applicant failed to respond appropriately to these efforts.  The analyst determined that 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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  Furthermore, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 5 December 2007              
Location: Washington, D.C.

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 1    No change 4   - 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 discharge was both proper and equitable and voted to deny relief. 

Case report reviewed and verified by: Alejandro Champin, 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: 7 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014939

Applicant Name:  Mr.     
______________________________________________________________________

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