Applicant Name: ?????
Application Receipt Date: 2008/11/12 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting documentation submitted by the Applicant. Applicant states, "The reason I went AWOL from my leave address and not to go back to Iraq was because my unit was not looking out for me and they just needed a body to go to Iraq."
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: 080211
Discharge Received: Date: 080229 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: 1st BCT (R)(P), 1st Cav Div (R)(P), Fort Hood, TX
Time Lost: AWOL 42 days (071021-071203); surrendered to military authorities. Military confinement (080130-080223)
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): SCM, 080130, Wrongfully used marijuana on or between 8 November 2007 and 7 December 2007 and, disobeyed a lawful order from an NCO to return to Iraq (23 October 2007); Reduction to E1, forfeiture of $893.00 and confinement for 30 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 050623 Current ENL Term: 03 Years 16 Weeks
Current ENL Service: 02 Yrs, 06 Mos, 01 Days ?????
Total Service: 02 Yrs, 06 Mos, 01 Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 11B Infantryman GT: 97 EDU: HS Grad Overseas: SWA Combat: Iraq (070406-071001)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR
V. Post-Discharge Activity
City, State: Orlando, FL
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 February 2008, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconductfor being AWOL (21 October 2007- 4 December 2007), disobeying a lawful order from an NCO and, wrongfully using marijuana, with an under other than honorable conditions discharge. The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 an under other than honorable conditions discharge. On 22 February 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 Applicants military records, and the issue and documents submitted with the application, 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 the former Soldiers service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the Applicant diminished the quality of service below that meriting a fully honorable discharge. The analyst noted the Applicant's issue, however, the Applicant provided no independent corroborating evidence demonstrating that either the command's action was arbitrary or erroneous or that the Applicants service mitigated the misconduct or poor duty performance. 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: 26 August 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 0 No change 5
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: No Change
Other: No Chang
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080018453
______________________________________________________________________________
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