Application Receipt Date: 070118	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   9 May 2007

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 951219
Discharge Received:     Date: 960111   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: 286th Signal Company 11th ADA Bde Fort Bliss, TX 79916-0058 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  651104  
Current ENL Date: 930621    Current ENL Term: 4 Years  item 12a on DD Form 214, date entered active duty this period is incorrect, should read 890120, see enlistment contract.
Current ENL Service: 02 Yrs, 06 Mos, 20 Days ?????
Total Service:  10 Yrs, 00Mos, 10 Days ?????
Previous Discharges: RA-860102-881216/HD
                                      RA-890120-930620/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 31R20 Tactical Satellite Microwave Systems Operator   GT: 100   EDU: HS Grad   Overseas: Germany   Combat: Afghanistan (011113-020415) Post Service 
Decorations/Awards: AAM, AGCM, NDSM, NCOPDR, ASR, OSR (2), C/Ach (3), COT, ARCOM (Post Service)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant reenlisted in the United States Army Reserve on (050819).

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 19 December 1995, 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 (he received numerous counselling statements for failing to perform his duties in a satisfactory manner, had trouble honoring his financial obligations, failed the APFT on two separate occasions for admission to BNOC, and was given ample opportunities to overcome these deficiencies and has failed to do so), with an honorable 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 a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 3 January 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.
      
      A Bar to Reenlistement was approved on 19 April 1995. 

      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 during the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit a change to the applicant’s narrative reason for discharge.  The analyst noted that the unit commander properly initiated separation action under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with an honorable characterization of service.  The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the narrative reason for discharge remains both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 May 2007              
Location: Tampa, FL

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     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 and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge is now inequitable.  The Board does not condone the applicant’s unsatisfactory performance; however, the Board found that the applicant's reenlistment in the United States Army Reserve to include his service in Afghanistan, and award of the Army Commendation Medal for his service in combat as a Quartermaster laundry NCO, mitigated the incidents of unsatisfactory performance in his service record.  Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1."  
















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: Secretarial Authority under provisions of Chapter 5, AR 635-200.
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: 21 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070000753

Applicant Name:  Mr.        
______________________________________________________________________


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