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