Application Receipt Date: 06/08/31	

Prior Review    Prior Review Date: None

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

Issues:   The applicant feels that the discharge is based on an isolated incident in 5 years and 2 months of service with no other adverse action.  The applicant states in effect he went AWOL 6 days prior to Hurricane Katrina hitting his disabled mother's home in Mississippi in order to assist her with the coming storm.  He attempted to use the Chain of Command to obtain permission to leave but the Chain of Command did not get back to him so he went AWOL.  He has provided financial aid to this mother and two siblings since joining the Army and has attempted to get them enrolled in DEERS.   He is the defacto military sponsor for his immediate family.  He now just wants to get a good job so he can take care of his family.

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: 060130
Discharge Received:     Date: 060301   
Chapter: 14    AR: 635-200
Reason: Misconduct (AWOL)
RE:     SPD: JKD
Unit/Location: HHB, 1st Battalion, 17th Field Artillery, Fort Sill, OK 73501 

Time Lost: The applicant has 16 Days of AWOL time, and was placed in CCA for 39 days.  Total time lost is 55 days. 

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): 051108, Special Court Martial-for 
2 x desertion/050822-050828 and 051003-051013, 4 X failure to repair, 6 Apr 05, 26 Apr 05, 16 Jun 05, 20 Jun 05, and failure to obey an order from the commander/ 050928 - 051002.  He was sentenced to reduction to E-3 and 40 days confinement. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820805  
Current ENL Date: 030103    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 11Mos, 3Days ?????
Total Service:  05 Yrs, 04Mos, 09 Days ?????
Previous Discharges: USAR-000626-030102/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92G10 ( Food Service Spec)   GT: 84   EDU: GED   Overseas: The applicant states he served in Germany; however, there is no supporting documentation to support his claim/SWA   Combat: Iraq (030501-040701)
Decorations/Awards: NDSM, GWOTSM, GWOTEM, ASR, C/A
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:
      The evidence of record shows that on  30 January 2006 , 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 on two separate occasions, failure to repair x 4, and disobaying an order from the company commander), 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 21 Februay 2006, 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, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst noted the applicant's issues, and found that his discharge was not based on an isolated incident, rather on multiple misconducts and his declaration that he would not deploy to Iraq during time of war.  Further, 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.  In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      

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 2    No change 3   - 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: Mr. Ron Williams, 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: 20 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012225

Applicant Name:  Mr.        
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