Applicant Name: ?????

Application Receipt Date: 070920	

Prior Review    Prior Review Date: None

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

Issues: "I went AWOL 2 times once for 24 hours and another for 14 days i came back on my own.  I realize what i have done was very wrong and now enrolled in [omitted by analyst] Tec College a full time student maintaining a 3.0 GPA and i work on weekends.  My major is early childhood education and my dream is to become a teacher, and i fear that might not become a reality with this scar on my record.  Although, I have a clean record except with this in fracture.  I regret what i have done and now work extremely hard to better my self with school, work, and relationships.  I cant explain how wrong and sorry i am for what i have done."

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: 060509
Discharge Received:     Date: 060920   
Chapter: 14-12C(1)    AR: 635-200
Reason: Misconduct (AWOL)
RE:     SPD: JKD
Unit/Location: C Co, 2nd Bn, 19th Inf, Ft Benning, GA 

Time Lost: 17 days: 20060304-20060304 and 20060310-20060325 (surrendered)

Article 15s (Charges/Dates/Punishment): 060306, Absent from place of duty without authority (060303-060305); reduction to E-1, forfeiture of $297 pay per month for 1 month, 14 days extra duty and 14 days restriction (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  86/12  
HOR City, State: Hemet, CA
Current ENL Date: 050803    Current ENL Term: 4 Years  ?????
Current ENL Service: 01 Yrs, 01 Mos, 01 Days , includes 155 days of excess leaev (060419-060920)
Total Service:  01 Yrs, 01 Mos, 01 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: None   GT: 106   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: Applicant provided documentation indicating he is enrolled in college as a full time student, majoring in early childhood education.  Additionally, Applicant provided documentation attesting he has been neither incarcerated nor arrested before or after the military.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 6 April 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—for beng AWOL from on or about 4 March 2006 to on or about 5 March 2006 and from on or about 10 March 2006 to on or about 26 March 2006, with a under other than honorable conditions discharge.  The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 an under other than honorable conditions discharge.  On 11 September 2006, the separation authority waived further rehabilitative efforts and directed that the Applicant be discharged 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, however, a general 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 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 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: 30 July 2008              
Location: Washington, D.C.

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.  

								        
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 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013021
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