Application Receipt Date: 060728	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: NIF
Discharge Received:     Date: 020116   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKD
Unit/Location: Headquarters and Headquarters Company, Third Army Support Battalion, Fort McPherson, GA 30330 

Time Lost: Absent without leave for a total of 319 days (001030-010919).  The applicant was apprehended by civil authorities in Pulaski, TN, and transferred to Fort McPherson, GA.

Article 15s (Charges/Dates/Punishment): 011009/Absent without leave (001030 to 010919)/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770609  
Current ENL Date: 980930    Current ENL Term: 03 Years  (Records show the applicant extended his period of enlistment 2 months on (000914) giving him a new ETS date of (011129)).
Current ENL Service: 02 Yrs, 10Mos, 09Days (The applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: yr 98, mo 04, day 13, should read yr 98, mo 09, day 30, based on enlistment contract found in the applicant's available record.)
Total Service:  03 Yrs, 05Mos, 00Days (The applicant's DD Form 12e "Total Prior Inactive Service" does not account for the period of time the applicant served in the ARNG from (980309-980929)).
Previous Discharges: ARNG-980309-980929/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63B10 (Light Wheel Vehicle Mechanic)   GT: 85   EDU: GED   Overseas: Germany   Combat: None
Decorations/Awards: ASR, OSR
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 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 (for deserting the Army on 29 October 2000 with no intent on returning), with an under other then honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge.  However, on 16 December 2001, the intermediate commander recommended approval of the separation action with an under other than honorable conditions discharge.  On 17 December 2001, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      
      
      The analyst noted that the applicant submitted a DD Form 214 for the period of 13 April 1998 through 16 January 2002 with his DD Form 293 indicating that he received an honorable discharge on 16 January 2002.  However, further research shows that the applicant was discharge on 16 January 2002 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 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 issue, and documents 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.  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: 26 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA


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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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, and voted to deny relief.





















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
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 and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 28 September 207
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010475

Applicant Name:  Mr.        
______________________________________________________________________


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