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: Erie, PA 16504
Current Address: 1352 E Lombardy Drive
Deltona FL 32725
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
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