Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080012694
Original file (AR20080012694.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: 011219
Discharge Received: 			   Date: 020129   Chapter: 14-12c(1)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKF   Unit/Location: B Co, 2-14 IN Bn, Fort Drum, NY 

Time Lost: 46 days, AWOL x 2 (010703-010720 and 011116-011213), mode of return is not in the file.

Article 15s (Charges/Dates/Punishment): 011017, AWOL (010703-010720), reduction to E-1, forfeiture of $482.00 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000711    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 23Days ?????
Total Service:  		01 Yrs, 05Mos, 23Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 110   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Silvis, IL
Post Service Accomplishments: On 1 February 2005 the applicant rejoined the Regular Army, deployed to Iraq (061030-071212), attained the rank of Sergeant, earned an ARCOM, AAM-2, AGCM, GWOTSM, ICM, OSR, and a CIB.  He earned an Honorable characterization of service for this period of service and was discharged on  27 April 2008.  The Applicant states that he is currently enrolled in college in Aviation Studies at Southern Illinois Univerisity.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 December 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c)1),  AR 635-200, by reason of misconduct—for being AWOL on two occasions (010703-010720 and 011116-011213) with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 20 December 2001, 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 of this regulation 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 the entire applicant’s military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is now too harsh, and as a result it is inequitable.  The analyst found that the applicant's post service accomplishments to include his combat service mitigated the discrediting entries in his service record.  The analyst noted that the applicant rejoined the Army on 1 February 2005, attained the rank of Sergeant, served in Iraq for 14 months, earned many awards, and was discharged with an honorable characterization of service on 27 April 2008.  In view of the foregoing, 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: 13 May 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012694
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080015100

    Original file (AR20080015100.txt) Auto-classification: Denied

    Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2007 | AR20070012352

    Original file (AR20070012352.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 5 Oct 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable...

  • ARMY | DRB | CY2008 | AR20080011880

    Original file (AR20080011880.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12c(2) by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE...

  • ARMY | DRB | CY2008 | AR20080002220

    Original file (AR20080002220.txt) Auto-classification: Approved

    Were Proper Discharge and Separation Authority procedures followed? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes...

  • ARMY | DRB | CY2006 | AR20060009262

    Original file (AR20060009262.txt) Auto-classification: Approved

    The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. 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 characterization of service was too harsh, and as a result it is now inequitable. Board Action Directed No...

  • ARMY | DRB | CY2007 | AR20070013569

    Original file (AR20070013569.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 21 March 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for failure to meet the minimum Army’s Physical Fitness Standards (APFT) required to complete basic training due to lack of motivation and low aptitude, with an uncharacterized discharge. On 21 March 2001, the separation authority waived...

  • ARMY | DRB | CY2009 | AR20090009998

    Original file (AR20090009998.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No...

  • ARMY | DRB | CY2009 | AR20090006990

    Original file (AR20090006990.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 28 January 2009, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards, he was diagnosed with backache and in the opinion of the evaluating physicians the condition existed prior to service. On 10 February 2009,...

  • AF | DRB | CY2006 | AR20060015163

    Original file (AR20060015163.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant requests an upgrade in his discharge so that he would be eligible to re-enlist, and properly serve his country. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that...

  • ARMY | DRB | CY2010 | AR20100027320

    Original file (AR20100027320.txt) Auto-classification: Denied

    The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. Board Action Directed President, Army Discharge Review...