Applicant Name:  ?????

Application Receipt Date: 090323	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the Applicant's sister.

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: 040327
Discharge Received: 			   Date: 040708   Chapter: 14-12B      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 3rd Bn, 101st Aviation Regiment, 101st Airborne Div (Air Assault) Ft. Campbell, KY 

Time Lost: 41 days, AWOL (040226-040304 and 040311-040413), mode of return not in file. 

Article 15s (Charges/Dates/Punishment): 040211 failure to go at the time prescribed to his appointed place of duty, on (040121); disrespectful in language toward a SFC; disrespectful in language toward a SGT; failure to obey a lawful order by a SGT; then known by you to be your superior non-commissioned officer (040121), reduction to E3, restriction and extra duty for 45 days, oral reprimand (FG).

040428, AWOL on 3 occasions (040226-040305, 040311-040405, and 040406-040414), reduction to E-1, 30 days restriction, (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 030809    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 9Mos, 18Days ?????
Total Service:  		3 Yrs, 1Mos, 28Days ?????
Previous Discharges: 	RA 010226-030808/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63B10/Light Wheel Vehicle Mechanic   GT: 122   EDU: GED   Overseas: SWA   Combat: Afghanistan (020306-020815); Iraq (030228-040108)
Decorations/Awards: ARCOM-2, GWOTEM, GWOTSM, NDSM, ASR, OSR-3

V.  Post-Discharge Activity
City, State:  North Platte, NE
Post Service Accomplishments: Nothing listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12(b), AR 635-200, by reason of pattern misconduct—for failing to report to his place of duty, insubordinate conduct toward two NCOs, disobeying a lawful order, and for being absent without leave, 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 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 14 June 2004, 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 all the applicant’s military records, and the issue and documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable and the reason for discharge be changed to Secretarial Authority.  This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s discharge is now inequitable. The analyst found that the length and quality of the applicant's service to include the former Soldier’s combat service in Iraq, and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  In view of the foregoing, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 090625         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 was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006966
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