Application Receipt Date: 051230
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with attachments.
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: 050809
Discharge Received: Date: 050909
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location:
Time Lost: AWOL, for a total of 441 days from (040213-050428).
Article 15s (Charges/Dates/Punishment): 050729, Stole a video game of a
value less than $500.00, the property of AAFES (050629), (Company Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 791025
Current ENL Date: 030504 Current ENL Term: 3 Years
Current ENL Service: 1 Yrs, 1 Mos, 20 Days The net active service this
period on the DD Form 214, item 12c is incorrect, should be: 1 Year, 1
Month 20 Days
Total Service: 1 Yrs, 1 Mos, 20 Days
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 86 EDU: HS Grad Overseas: None Combat:
None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
ost Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 9 August 2005, 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 (you were absent without leave between 13 February 2004
and on or about 28 April 2005), with a general, under honorable conditions
discharge. He was advised of his rights. 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 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 17 August 2005, the
separation authority 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, the
discharge is improper. The analyst noted that the unit commander used
“Board Procedures” when notifying the applicant that he was initiating
action to separate him under the provisions of Chapter 14, AR 635-200, by
reason of misconduct. By using “Board Procedures” the authority for
approval of the applicant’s separation rested with the General Court-
Martial Convening Authority. The evidence of record shows that someone
other than the General Court-Martial Convening Authority approved the
applicant’s discharge. In view of the foregoing, the discharge was
improper. Accordingly, full relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to Secretarial Authority is recommended to
the Board. This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 April 2007
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
and is improper. Accordingly, the Board voted to grant full relief in the
form of an upgrade of the characterization of service to fully honorable
and a change to the narrative reason for separation to Secretarial
Authority. This action does not entail a change to the reentry eligibility
(RE) code.
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: Secretarial Authority under the provisions of Chapter 5,
AR 635-200
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 3 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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