Applicant Name: ?????

Application Receipt Date: 071012	

Prior Review    Prior Review Date: None

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

Issues: The Applicant in fact states:  "I am requesting the change so that I my take a fulltime position with the Army National Guard. The incident happenned when I was young and since then I have served Distinguishly with the Army National Guard and a full tour in Iraq. I desire to use my experiance and knowledge to futher benifit the military in a fulltime position."

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: NIF
Discharge Received:     Date: 960313   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: HHC, USAGCMD, Fort Meade, MD 

Time Lost: AWOL 28 days (951206-960103)

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7306  
HOR City, State: Roser, AR
Current ENL Date: 950721    Current ENL Term: 4 Years  ?????
Current ENL Service: 00 Yrs, 07Mos, 13Days ?????
Total Service:  04 Yrs, 00Mos, 15Days ?????
Previous Discharges: RA 920130-950720/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 63W Lt Wheel Mechanic   GT: 101   EDU: HS Grad   Overseas: Germany   Combat: Iraq, dates not in file.
Decorations/Awards: ARCOM-2, AAM-4, GWOTSM, GWOTEM, ICM, CAB, NDSM, OSR, AGCM-1, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: Applicant rejoined the Maryland ARNG,was ordered to active duty in support of OIF 050607-060922 and again 070323-080331, with service characterized with honorable discharges both times.  He still serves in the MD ARNG and has achieved the rank of SSG/E-6. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 13, AR 635-200, by reason of Unsatisfactory Performance with a general under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JHJ, unsatisfactory performance and a reentry eligibility (RE) code of 3. The file is void of any separation orders pertaining to the current period of service under review.    

      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, under honorable conditions discharge is normally considered appropriate, however, a fully 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 and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of facts and circumstances concerning the events that led to his discharge from the Army.  The analyst noted that the applicant’s record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 080813              
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 4    No change 1   - 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, based on the overall length and quality and post service of the applicant.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  


								        
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: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 080813
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013896
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