Applicant Name: ?????
Application Receipt Date: 2009/05/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 040730
Discharge Received: Date: 040827 Chapter: 14-12c AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: HQ/A, 801th MSB, Ft Campbell, KY
Time Lost: AWOL 242 days (031020-040608), returned to unit.
Article 15s (Charges/Dates/Punishment): 040706, for going AWOL (031020-040609); reduction to E1, forfeiture of $668 pay, extra duty and restrtiction for 45 days and oral reprimand (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 990916 Current ENL Term: 5 Years 5 months (extended 1 yr and 5 months)
Current ENL Service: 4 Yrs, 03Mos, 19Days ?????
Total Service: 4 Yrs, 03Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92A10 Automated Logistics Spec GT: 98 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Jackson, MS
Post Service Accomplishments: The applicant states that she worked as a government contractor in VA .
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 30 July 2004, 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 misconduct commission of serious offense for going AWOL (031020-040609), with a general, under honorable conditions discharge.
She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Army 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.
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 applicants 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 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.
Further, the analyst noted the applicant's issue and determined eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
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: 5 March 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 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: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090009970
______________________________________________________________________________
Page 2 of 3 pages
ARMY | DRB | CY2009 | AR20090001501
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other:...
ARMY | DRB | CY2008 | AR20080015706
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts...
ARMY | DRB | CY2008 | AR20080000613
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 11 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Field Grade Article 15 on (050406), received a Company Grade Article 15 on (040518), and three (3) counseling statements (041104), (041004) and (040920), with a general, under honorable conditions discharge. ...
ARMY | DRB | CY2008 | AR20080006292
Applicant Name: ????? The applicant declined legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 5 October 1993, 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.
ARMY | DRB | CY2009 | AR20090009065
Applicant Name: ????? Furthermore, the analyst noted the applicant's issue and determined that the applicant was discharged in a prior period of honorable service under Chapter 8, Army Regulation 635-200 with pregnancy as the narrative reason for separation. 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: NA ARMY DISCHARGE REVIEW BOARD - CASE...
ARMY | DRB | CY2006 | AR20060001403
On 920721 the separation authority approved the discharge with an under other than honorable conditions discharge. The request may be submitted at any time after charges have been preferred and must include the individuals admission of guilt. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the independent evidence he submitted, it is recommended that the applicants request for an upgrade of his characterization of...
ARMY | DRB | CY2008 | AR20080001878
Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for receiving an Article 15 for AWOL (001127-001219); counseled for disrespect towards NCOs; stealing phone services; missing equipment; taking unauthorized passes and unsatisfactory PT performance, with a general, under honorable conditions discharge. The...
ARMY | DRB | CY2010 | AR20100021534
Applicant Name: ????? I need the military in my life. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD...
ARMY | DRB | CY2008 | AR20080017551
Applicant Name: ????? On 14 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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...
ARMY | BCMR | CY2011 | AR20110005820
On 6 January 2009, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial or a board of officers. On 4 May 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicants discharge with a characterization of service of under other than...