Applicant Name:  ?????

Application Receipt Date: 2012/01/03	Prior Review:     Prior Review Date: Records Review (090713)    

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his discharge so that he can advance in his career of helping others.  His request for upgrade is based on mitigating circumstances arising from family concerns and the circumstance in which his separation was enacted.

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: 010807
Discharge Received: 			   Date: 020430   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: B Co, 369th Sig Bn, Fort Gordon, GA 

Time Lost: AWOL x 2 for a total of 13 days: 9 days (010528-010605), surrendered; 4 days (010714-010717), surrendered.

Article 15s (Charges/Dates/Punishment): 010615, Absent without leave (010528-010606), reduction to E2 (suspended); extra duty for 10 days; and restriction for 10 days, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010206    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01 Yrs, 02  Mos, 12  Days ?????
Total Service:  		01 Yrs, 02  Mos, 12  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Earned a Bachelor of Science and Masters of Science from the University of Maryland Eastern Shore in Criminal Justice.










VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 August 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c(1), AR 635-200, by reason of commission of a serious offense for going AWOL 13 days (010528-010606) and (010714-010718) with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 7 August 2001, 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, 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 reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       On 10 April 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 during the period of enlistment under review, the documents, and the issues 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 applicant contends he went AWOL because of family issues.  The analyst noted the applicant's contentions, however, the analyst 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.
       
       Furthermore, the record of evidence does not demonstrate that he sought assistance through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       
       
       
       
       
       
       
       
       The analyst noted the applicant's issue about the amount of days he was AWOL, however, records show the applicant was AWOL for a total of 13 days.  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.  
       
       Furthermore, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       In view of the foregoing, the analyst determined the reason for discharge and 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: 7 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 to include Self-Authored Statement, Certificate for Bachelor of Science in Criminal Justice (Cum Laude), Letters of Recommendation (2), Certificate from the National Criminal Justice Honor Society, Letter from the Area Director/Counselor-Office of  [redacted] University of [redacted], and DD Form 214 for the period of service under review.

The applicant submitted 2 additionally documents in support of his case; Certificate from the University of Maryland Eastern Shore and a copy of his Unofficial Graduate Academic Record.

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 characterization of service was too harsh, and as result it is inequitable.  The Board found that the applicant's post-service accomplishments (i.e., achievements in academies) and the circumstances surrounding his AWOL (i.e., extreme family situation), mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to PFC/E3.
















        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: PFC/E3

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 AR20120000382
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