Applicant Name:  ?????

Application Receipt Date: 2010/12/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions or fully honorable.  He contends that he went AWOL due to family issues and miscommunication. 

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: 081007
Discharge Received: 			   Date: 081106   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: D Co, Warrior Transition Bn (WTB), Fort Hood, TX 

Time Lost: AWOL x 2 for a total of 55 days; (071227-080101) for 5 days, mode of return unknown; (080617-080804) for 50 days, surrendered.

Article 15s (Charges/Dates/Punishment): 080822, without authority, absented himself from his unit (AWOL) (080617-080805); reduction to E-2, forfeiture of $754 pay x 2 months, extra duty for 45 days and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 021101    Current ENL Term: 06 Years  ?????
Current ENL Service: 	05  Yrs, 10 Mos, 13 Days ?????
Total Service:  		05  Yrs, 10 Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050817-060727)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Harker Heights, TX 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for  being absent without leave for 50 days, receiving  counseling numerous times for failing to report to duty, failing to make medical appointments, failing to follow orders, and being arrested by Fort Hood CID for forgery and fraud, with an under other than honorable conditions discharge.  He was advised of his rights. 
        
       On 6 October 2008, the applicant consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  
         
       On 16 October 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The applicant's record contains a CID Report of Investigation dated, 18 September 2008.

       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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that 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 (i.e., AWOL x 2), the applicant diminished the quality of his service below that meriting a  general, under honorable conditions or 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 applicant further contends that he went AWOL due to family issues and miscommunication.  The applicant had many legitimate avenues (i.e., Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers) through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       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: 3 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans
                Attn:  Mr. Frank H. Forsyth Jr.
                VA Regional Office
                1722 I Street NW Rm 210
                 Washington, DC 20421-1111

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (101104); Support Statement, dated (101203); and a Letter, Disabled American Veterans, dated (1012030.

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




























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 AR20100029166
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