Applicant Name: ????? Application Receipt Date: 2011/04/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he wants to present the document to a recruiter for possible reenlistment into the US Military. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 100608 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ & HQ Battery, 1st Battalion, 6th Field Artillery Regiment, Fort Knox, KY Time Lost: AWOL x 1 from (091104-091223) for 49 days, the applicant was apprehended by the civilian authorities at Condon, OR and was transferred to Fort Knox, KY, military confinement for 98 days as part of the punishment imposed from a SPCM; however, the actual dates are not in the file and the applicant was credited with 14 days of confinement against the sentence to confinement. (See Special Court-Martial Order Number 39). Total time lost was 63 days. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 100225, Special Court-Martial for AWOL from (091104-091223). The applicant was sentenced to confinement for 98 days, reduction to Private (E-1), and forfeiture of $964.00 pay per month for three months. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: Reenl/090713 Current ENL Term: NIF Years ????? Current ENL Service: 0 Yrs, 8 Mos, 23 Days ????? Total Service: 3 Yrs, 7Mos, 0Days The next active service this period on the DD Form 214 block 12c is incorrect; should be as annotated above. Previous Discharges: RA 060906-090712/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13F10 Fire Support Spec GT: 103 EDU: HS Grad Overseas: Korea, Southwest Asia Combat: Afghanistan (080702-090622) Decorations/Awards: AAM, NDSM, ACMDLw/2 CS, GWOTSM, KDSM, NATOMDL, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he went AWOL from (091104-091223), with a general, under honorable conditions discharge. He was advised of his rights. On 18 May 2010, 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 20 May 2010, 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 of this regulation 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; however, a general, 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 submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that 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 the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable 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. The analyst noted the applicant's issue that he wants to present his DD Form 214 to a recruiter for possible reenlistment into the US Military. If the applicant desires to reenlist, he should continue to contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Additionally, at the time of separation, the applicant was not approved for an honorable discharge as checked on his DD Form 293 block 4,entitled discharge characterization received. The separation authority approved a general, under honorable conditions discharge, which is reflected on his DD Form 214 block 24, entitled character of service. Although the applicant did not properly annotate the DD Form 293 requesting a review of his record for a possible upgrade of his discharge; he was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant further contends that he would like his narrative reason for separation changed. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)", the separation code is "JKQ", and the reentry code is "RE 3". Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Therefore, the analyst determined that 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: 4 November 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 20 April 2011. VIII. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Official: BONITA E. TROTMAN Lieutenant Colonel, U.S. Army Chief, Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110009337 ______________________________________________________________________________ Page 1 of 3 pages