Application Receipt Date: 061101
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant
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: 041215
Discharge Received: Date: 050111
Chapter: 14-12c AR: 635-200
Reason: Misconduct - Commission of a serious offense
RE: SPD: JKQ
Unit/Location: Foxtrot Co, 26th FSB, 2 Bde, 3ID, Fort Stewart GA
Time Lost: AWOL (040123-040930), surrendered. Total time lost 251 days. DD 214 incorrectly states AWOL periods 040123-040223.
Article 15s (Charges/Dates/Punishment): 041109, AWOL (040123-040930), reduction to E-1, forfeiture of $596 x 2, suspended, to be automated remitted if not vacated by (050108), 45 days of extra duty, 45 days restriction.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 021115 Current ENL Term: 4 Years
Current ENL Service: 02 Yrs, 00Mos, 25Days
Total Service: 02 Yrs, 08Mos, 08Days
Previous Discharges: ARNG, 960610-960711/ UNC
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 88M10/Motor Transport Op GT: 107 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait/Iraq (020701-030826)
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 15 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-for AWOL (040123-040730), with a general, under honorable conditions discharge. He was advised of his rights. The applicant wavied his rights to consult with legal counseling 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 (s) reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 20 December 2004, 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, 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 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 and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. 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: 13 December 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 1 No change 4 - 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 discharge was both proper and equitable and voted to deny relief.
Case report reviewed and verified by: , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 14 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
ARMY | DRB | CY2007 | AR20070014574
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 29 October 2004, the separation authority approved the unconditional waiver submitted by the applicant, and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2006 | AR20060014822
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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an other than honorable conditions discharge. On 10 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other...
ARMY | DRB | CY2006 | AR20060013169
Current ENL Service: 02 Yrs, 09 Mos, 17 Days ????? By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 071019 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...
ARMY | DRB | CY2006 | AR20060012043
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 30 September 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during...
AF | DRB | CY2006 | AR20060015491
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable. Accordingly, the analyst recommends that the applicant's characterization of...
ARMY | DRB | CY2008 | AR20080009254
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 8 May 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor being arrested by civilian authorities for driving while intoxicated and assault, with a general under honorable conditions discharge. On 25 May 2006, the separation authority waived further rehabilitative efforts and directed that the Applicant...
ARMY | DRB | CY2007 | AR20070013988
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions On 6 February 2006, the applicant voluntarily waived consideration of his case by an administrative separation...
ARMY | DRB | CY2006 | AR20060007422
Soldiers Overall Record DOB: 710601 Current ENL Date: 990720 Current ENL Term: 3 Years ext 3 years 8 months (000301) Current ENL Service: 05 Yrs, 02 Mos, 11 Days ????? Therefore, the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070112 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2006 | AR20060005751
Application Receipt Date: 060421 Prior Review Prior Review Date: None I. Current ENL Service: 02 Yrs, 11Mos, 14Days ????? Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070216 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005751 Applicant Name:...
ARMY | DRB | CY2008 | AR20080002220
Were Proper Discharge and Separation Authority procedures followed? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes...