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: 021023
Discharge Received:     Date: 021122   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Headquarters and Headquarters Battery, 1st Battalion, 3d Air Defense Artillery Regiment, Division Artillery, 3d Infantry Division (Mechanized), Fort Stewart, GA 

Time Lost: AWOL, for a total of 156 days.  Futhermore, the applicant's DD Form 214 makes no reference to him having any lost time, however, records show he received a Article 15 for being absent without leave (000914-000922), and DA Form's 4187's (Personnel Action) show he was absent without leave (001030 to 020328).

Article 15s (Charges/Dates/Punishment): 001004/Absent without leave 000914 to 000922 and failure to go at the time prescribed to his appointed place of duty/(Field Grade)

001109/Suspension of punishment of "reduction to sergeant (E5)" was vacated, due to the applicant failing to go at the time prescribed to his appointed place of duty on or about 001020.


Court-Martials (Charges/Dates/Punishment): Special Court-Martial/Absent without leave 001030 to 020328/Forfeit of $737.00 pay for 1 month and reduction to the grade of private/E1

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  620313  
Current ENL Date: 990204    Current ENL Term: Indef Years  ?????
Current ENL Service: 03 Yrs, 04Mos, 12Days (Minus the 2 periods of AWOL)
Total Service:  17 Yrs, 02Mos, 25Days (The net active service this period on the DD Form 214, item 12C, is incorrect; should be: 17 yrs, 2 months and 25 days).
Previous Discharges: RA-850321-881220/HD
                                      RA-881221-920630/HD
                                      RA-920701-950822/HD
                                      RA-950823-990203/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 14R10 (Vulcan Crewmember)   GT: 115   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (900825-910327)
Decorations/Awards: AAM, AGCM (5th Award), NDSM (2d Award), AFEM, NCOPDR, ASR, OSR, KLM (KA), KLM (SA)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See attached letters of support.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 23 October 2002, 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 (absent without leave 20 October 2001 until 28 March 2002) 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, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than general, under honorable conditions, 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 8 November 2002, 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, 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 evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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 analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommend the Board vote to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 May 2007              
Location: Tampa, FL








Did the Applicant Testify?  Yes     No  

Counsel:  yes [redacted]

Witnesses/Observers: yes (Spouse) 

Exhibits Submitted: DVA Certificates and accreditations (6 pages)




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable.  The Board determined that the applicant's overall length and quality of service to include his combat service, and his post service accomplishment, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable, and voted not to change it.
















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: 


MARY E. SHAW				DATE: 22 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010488

Applicant Name:  Mr.        
______________________________________________________________________


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