Applicant Name:  ?????

Application Receipt Date: 2009/03/27	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.

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: 040826
Discharge Received: 			   Date: 050526   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HHC, 3rd Bn, 187th Inf Reg, Ft. Campbell, KY 

Time Lost: AWOL (040618-040720 and 041109-050526) for a total of 230 days mode of return not in file.

Article 15s (Charges/Dates/Punishment): 040817 without authority absent yourself from your organization on 18 June 2004 and did remain so absent until 21 July 2004: reduction to E1, (suspended, execute to E2), forfeiture of $550 of pay for two months (suspended), restriction and extra duty for 45 days (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: 040217    Current ENL Term: 2 Years  ?????
Current ENL Service: 	0 Yrs, 08Mos, 00Days ?????
Total Service:  		2 Yrs, 08Mos, 01Days ?????
Previous Discharges: 	RA 020107-040216/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 104   EDU: GED   Overseas: SWA   Combat: Kuwait/Iraq (030228-040111)
Decorations/Awards: GWOTEM, GWOTSM, NDSM, ASR, OSR-2, CIB

V.  Post-Discharge Activity
City, State:  Bakersfield, CA
Post Service Accomplishments: Applicant states he has started his own construction company.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct— for being absent without leave for more than 30 days, with a general under honorable conditions discharge.  He was advised of his rights.  On 7 September 2004, the applicant consulted with legal counsel and requested his case be heard by an administrative separation board.  The applicant did not submit a statement on 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 with a general under honorable conditions discharge.  On 29 March 2005, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 19 April 2005, the administrative separation board convened.  The applicant did not appear.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions.  The separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. 

       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 and documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  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 characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service and the post service accomplishments including a combat tour in Iraq mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends that the applicant’s 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: 100113         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 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 5    No change 0
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 AR20090007344
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