Applicant Name: ????
Application Receipt Date: 080728 Prior Review: Prior Review Date: 080207
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 060302
Discharge Received: Date: 060407 Chapter: 14 AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: 546th Trans Co, 4-159 Avn Regt, Fort Bragg, NC
Time Lost: AWOL for 63 days (051128-060129), surrendered.
Article 15s (Charges/Dates/Punishment): 060309, for being AWOL 63 days (051128-060129), reduction to E-1, forfeiture of $640 X 2, 45 days restriction and 45 days extra duty (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 031113 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 02Mos, 23Days ?????
Total Service: 02 Yrs, 02Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 88M/Motor Transport GT: 102 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (041224-051229)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, OSR, CAB
V. Post-Discharge Activity
City, State: Ducansville, PA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 2 March 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 going AWOL (051128-060129), 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 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 17 March 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.
On 7 February 2008, the Army Discharge Review Board reviewed the applicant case and determined that relief was warranted. Accordingly, the board voted to grant partial relief in the form of an upgrade of the characterization of service to fully Honorable and to deny a change in reason.
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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit a change in the applicant's reason for discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that the reason for discharge is proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 8 December 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: Yes- Mother, Lyndia Snyder
Exhibits Submitted: Yes - 4 documents totalling 13 pages
VIII. 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 0
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 AR20080012083
______________________________________________________________________________
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