Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was based solely on an Article 15 for AWOL and not the issue why he was AWOL, and the discharge is improper because the documents he submitted were not recognized.  He states that when he decided to go AWOL, he complied first with all the legal process to resolve his problem.  He spoke with his chain of command regarding his problem.  He even consulted the JAG office and asked for some advice.  The chaplain, who counseled him and his wife, offered him to do an AR 635-200 (hardship?) and helping him in pushing his discharge to his chain of command, but with all the efforts and explanation, still the first sergeant denied his request.  He was confused that day and did not know what would be next, so, he did not show up the following day and went AWOL.  He states, his conscience is clear and God knows that he committed it to uphold a greater damage to his family relationship, especially to his children.  He knows the Army is a champion with regards to helping the family of the Soldier.  And he is proud to be a part of the institution.  It’s been six months since he has been discharged.   He is working as a Licensed Vocational Nurse in a home aged facility.  He is doing well and participates in the church and is involved “in some charitable community as a member of FREE and ACEPTED MASON.”  He still wants to extend his service to his fellow Soldiers, even through serving in the hospital or join the reserve unit.  He states the Board is free to contact Chaplain K(S) or e-mail him.  He heard that he is stationed in Ft Lewis, Washington.  He pleads to please consider him for an upgrade, and hopes for the Board’s kindness and consideration.  He concludes, “God bless you all.”

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: 110322
Discharge Received: 			   Date: 110503   Chapter: 14-12c(1)    AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHT, 2 Sqdn, 11th ACR, Fort Irwin, CA 

Time Lost: AWOL: (090805-110207) for 552 days (apprehended by civil authorities) 

Article 15s (Charges/Dates/Punishment): 110302, AWOL (090805-110207), reduced to E-1; forfeiture of $733 x 2 months (suspended); 45-day extra duty and restriction, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: 071024    Current ENL Term: 2 Years  23 Weeks
Current ENL Service: 	02 Yrs, 00 Mos, 07 Days ?????
Total Service:  		02 Yrs, 00 Mos, 07 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y (Unit Supply Spec)   GT: 90   EDU: ?????   Overseas: None   Combat: None
Decorations/Awards: AAM; NDSM; GWOTSM; ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states, in effect, that he is working as a Licensed Vocational Nurse in a home aged facility

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 March 2011, 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—for being absent without leave (090805-110207), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 22 March 2011, the applicant waived consultation with a legal counsel and indicated he understood the impact of the discharge action, and submitted 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 19 April 2011, 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 documents 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.  The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.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.  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. 
       
       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: 18 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 14 November 2011; Letter from Chaplain, dated 29 May 2009; Applicant's notarized letter, dated 26 June 2009; Applicant's spouse's notarized letter, dated 1 June 2009; Notarized letter from Mr. N, dated 2 June 2009; Notarized letter from Mr. M, dated 24 June 2009.

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110024129
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