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. Soldiers 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 misconductfor 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 applicants 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 applicants 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 applicants 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 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 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
______________________________________________________________________________
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