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ARMY | DRB | CY2007 | AR20070014300
Original file (AR20070014300.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 071015	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant submitted no issues of equity or propriety to be considered by the Board.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070307
Discharge Received: 			   Date: 070328   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Hqs and Hqs Battery, 3rd BN, 320th Field Artillery Regiment, Fort Campbell, KY 

Time Lost: AWOL X 2  (061108-061210) for 32 days - surrendered, and (070206-070211) for 6 days-  mode of return unknown.  Total lost time 38 days.

Article 15s (Charges/Dates/Punishment): 070122, AWOL (061108-061210). (FG) Commander's Memorandum dated 7 March 07 indicates the solider's punishment imposed was reduction to E3, forfeiture of $846 x2 (suspended), 45 days extra duty and 45 days restriction; however the punishment was not listed on the Article 15, DA Form 2627. 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 041223    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 18Days ?????
Total Service:  		05 Yrs, 00Mos, 25Days ?????
Previous Discharges: 	RA 020125-041201/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewman   GT: 107   EDU: GED   Overseas: Kosovo and Southwest Asia   Combat: Kosovo (020712-021111); Kuwait/Iraq x 2 (040212-050211) and (050918-060901).
Decorations/Awards: ARCOM, AAM, AGCM,GWOTEM, NDSM, GWOTSM, KCM, ICM, ASR, OSR x2, NATO Medal, CAB

V.  Post-Discharge Activity
City, State:  Duncanville, Alabama
Post Service Accomplishments: None LIsted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  7 March 2007 , 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 pattern of failing to report to your appointed place of duty on time on multiple occasions, have had a serious lack of motivation, difficulty following orders and have even gone AWOL twice, 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.   

       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 independent evidence he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service and his three tours served in a combat zone (Kosovo and Kuwait/Iraq x 2) mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 September 2008         Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014300
______________________________________________________________________________


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