Applicant Name:  ?????

Application Receipt Date: 2009/07/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 080207
Discharge Received: 			   Date: 080303   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 600th QM, 7th Trans Bn, Fort Bragg, NC 

Time Lost: AWOL x 2 for a total of 100 days; 20 days (070718-070806), mode of return unknown; 80 days (071106-080124), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 070906, AWOL (070718-070807), reduction to E2 (suspended); forfeiture of $729.00 pay per month for two months (suspended); 45 days extra duty, and 45 days restriction (suspended), (FG).

071012, the suspension of punishment of reduction to E2; forfeiture of $729.00 pay per month for two months was vacated for new offenses of failing to go at the time prescribed to his appointed place of duty (070919); and disobeying a lawful command from a LTC of suspension. 

080204, Failed to go at the time prescribed to his appointed place of duty x 2 (070919 and 070920); disobeying a lawful command from a commissioned officer; and AWOL (071106-080125) reduction to E1; forfeiture of $670.00 pay per month for 2 months, and 45 days restriction (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060112    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 14Days ?????
Total Service:  		01 Yrs, 10Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92R1P/Parachute Rigger   GT: 97   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (070331-070617).
Decorations/Awards: ICM-(W/bss), NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Upper Sandusky, OH
Post Service Accomplishments: None Listed



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 February 2008, 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 having been dropped from the rolls (071206), 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 submitt 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 12 February 2008, 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 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, the documents, 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 fully honorable 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.  
       
       The applicant contends that he was having mental and emotional trouble and was being treated for these conditions after returning from Iraq and that he missed formation one time and was being treated the same as a person who had been UA for 30 days.  However, the record does not support the applicant’s contentions, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       Furthermore, the applicant makes reference to not having received any of his foreign service awards which are missing from his record.  However, DD Form 215 "Correction to DD Form 214 Certificate of Release or Discharge from Active Duty" shows that the applicant was awarded the Iraq Campaign Medal with one Bronze Service Star, and his service in Kuwait/Iraq from 20070331 to 20070617 was added to his DD Form 214 dated (080303).  
       
       In view of the foregoing, the analyst determined 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: 7 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a three pages of Report of Medical History; a letter of intent to chapter dated 14 September 2007; three pages of Reprt of Medical Examination; and three pages of Confidentiality of Medical Records dated 19 September 2007, in support of his case.

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 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
















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      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012338
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