Applicant Name:
Application Receipt Date: 2007/09/27
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the Applicant
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: 050516
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKD
Unit/Location: HHD, 654th ASG, FT Lewis, WA
Time Lost: AWOL for 21 days (050207-050227), mode of return is unknown.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 1982/11
HOR City, State: San Bernadino, CA
Current ENL Date: 041104 Current ENL Term: ?? Years 365 days
Current ENL Service: 00 Yrs, 05 Mos, 22Days ?????
Total Service: 03 Yrs, 08 Mos, 29 Days ?????
Previous Discharges:
USAR 010727-010917 / NA
RFAD 010918-020119 / UNC
USAR 020120-041103 / NA
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 42L10 Administrative Specialist GT: NIF EDU: 1 yr College Overseas: None Combat: None
Decorations/Awards: ASR / NDSM / GWOTSM / AFRM w/ M Device
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The facts and circumstances pertaining to the applicants discharge from the Army are not contained in the available records. The applicant submitted her copy of the Commanders notification memorandum indicating that on 19 April 2005, the Commander was initiating separation action under provisions of Chapter 14 for commission of a serious offense for her absence without leave (050207-050227) with a recommendation for an honorable characterization of service. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) authenticated by her signature. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKD (i.e., misconduct- AWOL). The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
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 applicants military records, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her 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 applicants service mitigated the misconduct or poor duty performance. The analyst noted the applicants issue and the analyst 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. Furthermore, the applicant submitted several documents indicating she was under a doctors care however, the record does not support the applicants contention, and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical condition. 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: 22 August 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 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 applicants record of service during the period of enlistment under review and considering the analysts 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: 25 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013371
______________________________________________________________________
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