Application Receipt Date: 060626	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he received a general under honorable, and it has been 6 months. Also, he would like to receive his GI Benefits.  

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: 051116
Discharge Received:     Date: 051222   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: B Company, 2nd Battalion, 18th Field Artillery, Fort Sill, OK  73503 

Time Lost: AWOL x 2, for a total of 19 days from (050902-050918) and (040205-040208).  

Article 15s (Charges/Dates/Punishment): 050930, AWOL from (050902-050919); (Company Grade)

2nd Article 15, 040218, AWOL from (040205-040209); (Company Grade)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820115  
Current ENL Date: 010928    Current ENL Term: 4 Years  ?????
Current ENL Service: 4 Yrs, 2 Mos, 4 Days The net active service this period on the DD Form 214 item 12c, is incorrect, should be: 4 Yrs, 2 Mos, 4 Days.  The applicant has two periods of AWOL, that is not shown on his DD Form 214, item 29, Time Lost.  
Total Service:  4 Yrs, 2 Mos, 4 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 21E10 Heavy Const Equip Operator   GT: 90   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq/Kuwait (030115-030706)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, 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 16 November 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—pattern of misconduct (absent without leave or desertion, and you have been absent without leave for a period of 17 days and this is not the first time you have been absent without leave) 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 submitted 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 13 December 2005, 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 noted that the applicant was retained on active duty beyond his expiration term of service (ETS) date.  Under the provisions of AR 635-200, Paragraph 1-26, retention beyond a soldiers ETS to process an administrative separation proceedings pursuant to this regulation is not authorized unless the soldier is pending court-martial charges.  The evidence of record shows that the applicant was not pending charges and therefore was not eligible to be retained for the purpose of administrative discharge.  In view of the foregoing, the analyst determined that the discharge was and is improper.  Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to 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; however, the Board can consider it.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 30 May 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 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: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009212

Applicant Name:  Mr.       
______________________________________________________________________


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