Applicant Name:  ?????

Application Receipt Date: 2011/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Upgraded need for job placement."

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: Commander's memo undated
Discharge Received: 			   Date: 100818   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: 497TC Light Truck FC, JBLM, WA 

Time Lost: AWOL x 1 for 4 days (100114-100117), voluntarily returned to unit

Article 15s (Charges/Dates/Punishment): 100322, AWOL (100114-100119), reduced to E-3; forfeiture of $398; restriction and extra duty for 14 days; oral reprimand, (CG)

100504, failed to go at the time prescribed to his appointed place of duty three times (100202, 100219, and 100302), reduced to E-3 and forfeiture of $423 x 2, (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 080227    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs,  5 Mos, 18 Days ?????
Total Service:  		2  Yrs, 5 Mos, 18 Days ?????
Previous Discharges: 	NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 100   EDU: HS Ltr   Overseas: Iraq   Combat: Iraq (081001-090930)
Decorations/Awards: ICM w/2BSS, NDSM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  College Park, GA
Post Service Accomplishments: None listed

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, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for being AWOL and numerous failures to report, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 21 July 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 30 July 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 and document 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 the former Soldier’s 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 about his desire for an upgrade for job placement.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1),” block 26 as separation code “JKD,” and block 28, narrative reason for separation as “Misconduct (AWOL)”   In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority:  “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)”  as it was approved by the separation authority.  
       
       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: 26 October 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: NA



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.  

	Further, the Board noted some errors in the applicant's DD Form 214 and voted to correct by administratively changing block 25, to read separation authority:  “AR 635-200, Paragraph 14-12c,” block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)” as it was approved by the separation authority.  Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 4    No change 1
(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: Misconduct (Serious Offense) with corresponding SPD Code of JKQ.
Other:  Change the Separation Authority to AR 635-200, Paragraph 14-12c.										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA






















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 AR20110008112
______________________________________________________________________________


Page 1 of 3 pages