Application Receipt Date: 051229
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 030728
Discharge Received: Date: 030808
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location:
Time Lost: AWOL, for a total of 18 days, from (030625-030713). The
applicant returned to the battery area and turned himself in to the 1SG
Article 15s (Charges/Dates/Punishment): 030327, failed to go to his
appointed place of duty (030314); (Company Grade)
2nd Article 15, 030716, disobeyed a lawful order from a SSG (030411);
failed to go to his appointed place of duty x 2, (030529); (030530) and
violating a lawful general regulation by driving without a license 030602);
(Company Grade)
3rd Article 15, 030805, AWOL, (030625-030714) and disobeyed a lawful order
from a 1SG (030714); (Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 820707
Current ENL Date: 020219 Current ENL Term: 3 Years
Current ENL Service: 1 Yrs, 5 Mos, 1 Days
Total Service: 1 Yrs, 5 Mos, 1 Days
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply Specialist GT: 90 EDU: GED Overseas: None
Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 28 july 2003, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of
a serious offense (awol, and had numerous negative counseling statements),
with a general, under honorable conditions discharge. He was advised of
his rights. The applicant waived 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 service and
waiver of further rehabilitative efforts. The intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action with a general, under honorable conditions discharge. On
7 August 2003, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged 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 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, but a general discharge 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 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. Furthermore, if
the applicant desires to reenlist, he should contact the local recruiter to
determine his eligibility to reenlist. Those individuals can best advise a
former service member as to the needs of the Army at the time, and are
required to process waivers of reentry eligibility (RE) codes. Therefore,
the reason for discharge and the characterization of service remains both
proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 1 November 2006
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon
request)
IX. 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, voted to deny relief.
Case report reviewed and verified by: Mr. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
ESMERALDA G. PROCTOR DATE: 3 November 2006
Colonel, U.S. Army
Chief, Secretary Recorder
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