Applicant Name:  ?????

Application Receipt Date: 081222	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "Let me start off by saying that I understand leaving the Army the way I did was not "Honorable" by any means. With saying that, I had my own personal reasons. I have suffered with depression since I was diagnosed "Manic Depressive" when I was seventeen years old. It has been a struggle I endured within myself my whole life. It has affected decisions I have made throughout my whole life, not including the Army. I considered myself an excellent soldier, and my fellow soldiers, along with the rest of my unit thought that as well. When I left the Army the way I did (AWOL), I was not in my right state of mind. I was very depressed, and lost my will to succeed, and felt I needed my family. So I went back home to New York.Since being discharged from the military, I married and have had two beautiful children. Two girls. My youngest daughter, (name removed), was diagnosed with severe Autism when she was two years old. My wife and I left Texas, and tried to make a fresh start in NY. My daughter had a very good opportunity to get the help she needed on Long Island. It was very difficult to find a good paying job that I was more than qualified for, because of my discharge. To make a long story short...My wife and I divorced, and she took the children back to Texas. I soon followed because I could not stand being away from my children. Granted, I brought this all upon myself leaving the military the way I did, and I sincerely apologize. I'm just asking for a chance, so I can succeed in the civilian world. Not just for me, but for my children. I want to be able to give them everything they deserve. I especially want to be able to getthe h(name removed)elp she needs and deserves. The NY state congressman at the time of my discharge was very much involved with my situation and helped a great deal trying to get me out with good standing. There were many documents regarding my past with my depression, and I hope the military still has those, because with all the moving I have done since the discharge they were all lost on my end. I am trying to get into the Williamson County Prison as a Correctional Officer here in Texas, and my General discharge stopped me from getting the position. I am not giving up! Not this time. I ask to please take my reasoning into serious consideration. Again, I apologize to the military and all those I served with for being a disappointment. Please give me this upgrade, and a chance to make things right.Thank You.Sincerely,(name removed)"

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: 030326
Discharge Received: 			   Date: 030512   Chapter: 14-12B       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 4th MP Co, 4th Forward Support Bn, Division Support Command, 4th Inf Div (Mechanized) Ft. Hood, TX 

Time Lost: AWOL (021023-021118 and 030127-030219)  49 days total   surrendered to military

Article 15s (Charges/Dates/Punishment): 021217 without authority fail to go at the time prescribed to your appointed place of duty (021022) and without authority, absent yourself from your organization to wit: 4th MP Co, located at Ft Hood, TX 021023 and remained so absent until (021119): reduction to E-2, forfeiture of $316.00 pay for one month 14 days extra duty (CG).

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





Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 010123    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 1Mos, 29Days ?????
Total Service:  		2 Yrs, 1Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Pflugerville, TX
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct commission of a serious offense for Absent Without Leave 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, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and submitted, although not contained, in the file 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 18 April 2003, the separation authority approved the conditional waiver request, 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 applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the former soldier’s 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 090326         Location: Dallas, TX

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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080020029
______________________________________________________________________________


Page 1 of 3 pages