Applicant Name:  ?????

Application Receipt Date: 2011/06/27	Prior Review:     Prior Review Date: (110513)

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I believe my discharge was to harsh for my actions."

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: 070502
Discharge Received: 			   Date: 070615   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Rear Detachment, 508th Parachute Infintry Regiment, 4th Brigade Combat Team, 82d Airborne Division, Fort Bragg, NC 

Time Lost: AWOL x 1 (070307), mode of return unknown

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

Courts-Martial (Charges/Dates/Punishment): 070423, SCM, AWOL (070307–070308 and 070322–070323), failure to report (070330 and 070410), and willfully disobeying a commissioned officer (070402); hard labor without confinement for 45 days; and reduction to the grade of E-1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 060713    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 11 Mos, 02 Days ?????
Total Service:  		03 Yrs, 07 Mos, 03 Days ?????
Previous Discharges: 	RA-031112-060712/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25Q1P/Multich Trans Op/MNT   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia-2   Combat: Iraq (041101-051115) and Qatar (061227-070328)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Falls Church, VA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12b, AR 635-200, by reason of misconduct- commission of a serious offense, for having gone AWOL (070307-070308), failing to report on two occasions (070330 and 071007), and for having disobeyed the direct order of his superior commissioned officer, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       
       
       On 8 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions 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 an under other than honorable conditions discharge.  
       
       On 24 May 2007, the separation authority waived further rehabilitative efforts 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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  
       
       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 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.  
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant submitted no issues of equity or propriety to be considered by the Board. 
       
       In view of the foregoing,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: 5 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]



Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, Applicant's Discharge Packet (9 pages), Enlisted Record Brief, Army Achievement Medal Certificate, Certificate of Achievement (2), Certificate of Completion (3), Membership Certificate, Certificate of Course Completion, Certificate of Training (3), Certificate of Signal Regimental Affiliation, Diploma, Operator's Permit, and DD Form 214 for the period of service under review.

The applicant submitted two additionally documents in support of his case; Character Letter (2 pages) and Letter of Recommendation.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110013453
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