Application Receipt Date: 070810

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 041214
Discharge Received:     Date: 050224
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Albuquerque Military Entrance Processing Station, 505
Central Ave NM, Suite A, Albuquerque, NM 87102

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040813/Failure to go to his
appointed place of duty X 2, on or about (040423) and (040426), and with
the intent to defraud falsely submitted a credit application to obtain
services under false pretenses on or about (040321)/(Field Grade).

2nd Article 15/041108/Failure to go to his appointed place of duty on or
about (041107), breaking restriction on or about (041002)/(Field Grade).

3rd Article 15/050216/Stealing lunch's, which were authorized for
applicant's X 3, on or about (041213, 050124 and 050201) of a value of
about $5.95 each, and with intent to deceive, signed an official record by
signing for the lunches X 3, on or about (041213, 050124 and 050201)/(Field
Grade)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  810110
Current ENL Date: 991105    Current ENL Term: 4 Years  (The applicant
extended his period of enlistment 31 months on (020220), and another 8
months on (030312) giving him a new ETS of (060204)).
Current ENL Service: 05 Yrs, 03Mos, 20Days      
Total Service:  06 Yrs, 09Mos, 14Days (The applicant's DD Form 214 item 12d
"Total Prior Active Service" incorrectly reads: 05 years, 07 months, and 03
days, should read 00 years, 03 months, and 13 days, based on the available
documents in the applicant's record).
Previous Discharges: ARNG-980511-990630/NA
                                      ADT-990701-990807/UNC
                                      ARNG-990808-991104/NA
Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 42L10 (Administration Specialist)   GT: 118   EDU: BA Degree
Overseas: Southwest Asia   Combat: Saudi Arabia (010929-020928)
Decorations/Awards: ARCOM (2d Award), AAM, AGCM, NDSM (2d Award), GWOTEM,
AFEM, SWASM, NCOPDR, ASR, OSR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 14 December 2004, 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 (obtaining services under false pretenses on or about 21 March
2004, failing to report to his appointed place of duty X 3, on or about 23
April 2004, 26 April 2004, and 7 October 2004, and breaking restriction on
or about 2 October 2004), with a general, under honorable conditions
discharge.  He was advised of his rights.  The applicant waived
consultation with legal counsel, was advised of the impact of the discharge
action, and did submit statements 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 an
under other than honorable conditions discharge.  On 7 February 2005, the
separation authority directed that the applicant be discharged with a
characterization of service of under other than 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 and the
issue he submitted, the analyst found no mitigating factors that would
merit an upgrade of the applicant's discharge.  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 misconduct, the applicant diminished
the quality of his service below that meriting a fully honorable or
general, under honorable conditions discharge.  The applicant provided no
independent corroborating evidence demonstrating that either the command's
action was erroneous or that the applicant’s service mitigated the
misconduct or poor duty performance.  Furthermore, the record does not
support the applicant’s contention that he suffers from Post Traumatic
Stress symptons and no evidence to support it has been submitted by the
applicant, that his discharge was the result of any medical condition.
Additionally, at the time of discharge the applicant was appropriately
assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not
be waived and the applicant is no longer eligible for reenlistment.
Therefore, the reason for discharge and the characterization of service
remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 3 October 2007
Location: Washington, DC

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 5    No change 0   - 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
characterization of service was too harsh, and as a result it is
inequitable.  The Board found that the applicant's overall length and
quality of service, and the circumstances surrounding his discharge,
mitigated the discrediting entries in his service record.  Accordingly, the
Board voted to grant relief in the form of an upgrade of the
characterization of service to general, under honorable conditions.
However, 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: Eric S. Moore, 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: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder