Applicant Name:  ?????

Application Receipt Date: 2009/03/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I went AWOL no doubt about it was wrong and a bad decision on my part. However at the time before I went AWOL I was going through a lot of stress and seemed never to get a break due to family problems, involving my dad being sick and my mother in law being sick, being made fun of constantly for my hobbies by fellow soldiers including NCOs and I was just recently married and was about to have a son and that being mixed with the news of two friends who were killed overseas. All of this at the same time put me into a very big state of depression and I needed somebody to talk to. I went and saw a military doctor to help me with my stress but was still made fun of by my peers. I asked on few occasions to be transferred to a new unit but with no luck. I always felt like I could never go through my chain of command at the time since I would never be taken seriously. My depression got so bad I felt like my only option was to run away. People might say that I ran away because I was afraid of being deployed, that is not the case in fact I loved my first deployment and if the opportunity presented itself I would have volunteered to stay over in a heartbeat. I loved being in the military it made me a strong person and I want to re-enlist. I was told that I would have to wait two years then I would be able too. I waited the two years now I’m trying to get back in and the recruiters say they can’t help me because of my reentry code of 3 and my reason for being discharged. I just want to be allowed to re-enlist whether it means getting my discharge overturned or getting my reentry code changed whatever it takes it doesn’t matter. I just want to keep being a strong person and striving to be better in everything that I do. Soldiers may be held at a higher standard than civilians but in the end they're still human and with that come mistakes, you learn from them and it makes you better. Yes I went AWOL, and I regret it to this day, but it’s in the past and there is nothing I can do to change that. I am far from perfect. I want to fight for this country I love so much and I think it is unfair to not to be allowed to because I made one mistake. I’m pleading with you to overturn my discharge and my reentry code so that I may re-enlist. Thank you for your time that you took to read this.  Sincerely, "

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: 070102
Discharge Received: 			   Date: 070309   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHT, 1-73rd Cav Regt (ABN), Fort Bragg, NC 

Time Lost: AWOL for 25 days (060926-061020), mode of return unknown.  

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 070123, SCM, AWOL (060926-061021); reduction to E-1, and forfeiture of $867 pay x 1 month. 

Counseling Records Available: Yes    No 










IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 040615    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 00Days ?????
Total Service:  		02 Yrs, 08Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 104   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (050717-051102)
Decorations/Awards: AAM, ACM, GWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Coeur D'Alene, ID
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 1 February 2007, 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-commission of a serious offense for AWOL (060926-061021), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, 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 an under other than honorable conditions discharge.  On 28 February 2007, 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 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 all the applicant’s military records during the period of enlistment under review and the issues he submitted, 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 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 general, under honorable conditions 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.  Furthermore, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Additionally, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing  the analyst determined that the reason for discharge, the characterization of service to include the reentry eligibility (RE) code were both proper and equitable and recommends that the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 January 2010         Location: Washington, DC

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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the length and quality of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge, to include the reentry eligibility (RE) code was both proper and equitable and voted not to change it.

Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable  discharge.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005387
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