Application Receipt Date: 070425	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that given the previous awards, and the fact that I received the Army Achievement Medal less than 6 months prior to being discharged, my record should be evaluated. Also, I had given a spotless performance prior to incident, including a tour in Germany and Kosovo that have shown that I have positively acted in Patriotic Duty. Before separation, I did not receive options for corrective training, or did I receive proper counsel on options to finish term of enlistment, I will enclose awards and certificates testifying to my good character from units prior to departing unit.    

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: 020729
Discharge Received:     Date: 020816   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HQ & HQ Company, 1st Battalion, 41st Infantry Regiment, Fort Riley, KS 66442 

Time Lost: AWOL for 27 days (020422-020518).  The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 020614, AWOL (020422-020519), reduction to E-3, forfeiture of $600.00 pay for 2 months, forfeiture ion excess of $300.00 pay for 2 months, (suspended), restriction and extra duty for 45 days (FG). 

020807, Willfully damage military property of a value of about $$725.00 (020704), reduction to E-1, forfeiture of $620.00 pay for 2 months, (suspended), restriction and extra duty for 45 days (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810524  
Current ENL Date: 990603    Current ENL Term: 4 Years       
Current ENL Service: 3 Yrs, 1 Mos, 16 Days      
Total Service:  3 Yrs, 1 Mos, 16 Days      
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 109   EDU: HS Grad   Overseas: Germany, Kosovo   Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR, C/A
V.  Post-Discharge Activity
Home of Record:      
Current Address:  

United States
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
Evidence of record shows that on 24 July 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 in that you were absent without leave from (020422-020519), 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 31 July 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, 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, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that 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.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In view of the foregoing, the analyst determined that 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: 25 April 2008              
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:      , 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: 30 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder