Applicant Name: ?????
Application Receipt Date: 2009/06/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: 090203
Discharge Received: Date: 090303 Chapter: 14-12c(1) AR: 635-200
Reason: Misconduct (AWOL) RE: SPD: JKD Unit/Location: Rear Det, 1-14 IN Bn, Schofield Bks, HI
Time Lost: 120 days, AWOL (080806-081204), surrendered.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 051011 Current ENL Term: 3 Years 18 weeks
Current ENL Service: 03 Yrs, 00Mos, 24Days ?????
Total Service: 03 Yrs, 00Mos, 24Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B10/Infantryman GT: 86 EDU: GED Overseas: Hawaii, SWA Combat: Iraq (071205-080805)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, CIB
V. Post-Discharge Activity
City, State: Inglewood, CA
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 3 February 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of misconductcommission of a serious offense for being AWOL (080806-081205), with a general, under honorable conditions discharge. He was advised of his rights. On 3 February 2009, the applicant waived his right to consult 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 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. On 11 February 2009, 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 and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst determined that the applicants discharge was appropriate because the quality of 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 fully honorable discharge.
The applicant contends that while on emergency leave he lost his wallet and couldn't get back to his unit, attempted to go to the American Consulate and was turned away; however, he provides no documentation or evidence to support his claim
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.
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: 26 March 2010 Location: Washington, D.C.
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090010648
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2010 | AR20100025708
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad...
ARMY | DRB | CY2009 | AR20090016320
Applicant Name: ????? 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, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense for wrongfully used, possessed and transferred valium on divers occasions (060701-060801), with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a...
ARMY | DRB | CY2009 | AR20090013531
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 June 1997, 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...
ARMY | DRB | CY2010 | AR20100000480
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE...
ARMY | DRB | CY2010 | AR20100009690
Applicant Name: ????? The analyst acknowledges the applicants in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included his service in Iraq. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable...
ARMY | DRB | CY2009 | AR20090006838
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action waived his right to an administrative separation board, and submitted a statement in his own behalf. On 16 November 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2010 | AR20100018978
c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records during the period of enlistment under review, the issues, and documents submitted with the application, the analyst found several mitigating factors which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. Futhermore, reference the applicant's request for a honorable discharge, the analyst noted by the...
ARMY | DRB | CY2007 | AR20070016468
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 17 October 1995 , the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor pattern of misconduct: received Field Grade Article 15 for the wrongful use of cocaine, as well as getting counseled for failure to report, disobeying orders, and disturbing the peace after hours with a general under honorable conditions...
ARMY | DRB | CY2008 | AR20080008801
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 18 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor AWOL on two separate occasions, with a other than honorable conditions discharge. On 27 August 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of...
ARMY | DRB | CY2008 | AR20080013804
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. 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. Board...