Application Receipt Date: 060523	

Prior Review    Prior Review Date: Record Review/070124

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

Issues: See 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: Undated
Discharge Received:     Date: 930811   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKM
Unit/Location: Company F, Academy Battalion, Center Brigade, US Army Medical Department Center and School, Fort Sam Houston, TX  78234-6100 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 921214, failed to be present for duty, failed to obey a lawful order from a 1SG x 2, (Summarized)

2nd Article 15, 930113, disobeyed a lawful order from a SFC (921201); (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  650527  
Current ENL Date: 870818    Current ENL Term: 4 Years  36 month ext (910809)
                                                                                                48 month ext (920519)
Current ENL Service: 5 Yrs, 11 Mos, 24 Days ?????
Total Service:  5 Yrs, 11 Mos, 24 Days ?????
Previous Discharges: None
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 121   EDU: 14 Years   Overseas: Korea (871215-900913)   Combat: None
Decorations/Awards: AAM, ASR, OSR, C/Ach (1)
V.  Post-Discharge Activity
Home of Record: New York, NY  10023
Current Address: 6123 Hazel Valley St. 
San Antonio TX 78242
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (received a Field Grade Article 15 for refusing to clear post, Summarized Article 15 for failing to be present for duty, failed to obey a lawful order issued by a 1SG, failed to call the F Company CQ and failed to obey a lawful order issued by a 1SG, and numerous counseling statements reflecting his behavioral pattern of misconduct and that he is unwilling to change into a productive soldier after ample opportunity provided), 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, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 August 1993, 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 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable and a change to the narrative reason for discharge to current standards "misconduct".  The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the length and quality of the applicant's service, the time that has elasped since his discharge and his post service accomplishments mitigated the discrediting entries in his service record.  
      
      Except for the foregoing modification to the applicant's narrative reason for discharge, 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: 15 March 2007              
Location: Dallas, Texas

Did the Applicant Testify?  Yes     No  

Counsel: Texas Veterans Commission
                 Attn: Mr. Ronald L. Swisher 
                 VA Medical Center, Bldg 2, Room 1E-209
                 Dallas, TX  75216

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted two (2) character reference letters in support of his hearing




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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is now inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable.  

Furthermore, the Board found that the narrative reason for discharge was inequitable.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.  Except for the foregoing modification to the applicant's reason for discharge, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.  
















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: current standards "Misconduct" under the provisions of Chapter 14, AR 635-200
Other: None
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: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder


ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070003166

Applicant Name:  Mr.      
______________________________________________________________________




Page 1 of 6 pages