Applicant Name:  ?????

Application Receipt Date: 2010/01/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "My problems began when we returned to Ft. Bliss fiom the war and my wife and I seperated. At that point my wife begin to do drugs and kept my daughter in bad situations in Michigan. I was fast tracking and was an NCO (cpl) with under 2 years of service promoted in war. It took 2 waivers. My Platoon Leader was SGT. Roach . Since I was fast tracking the SGT's took a liking to me. I knew I couldn't hang out with the soldiers anymore so I thought it was fine. One day I get invited to a Party wit SGT. Roach and SGT. Smith. I was offered cocaine. I wouldn't do it. Then there was friction. 

When my wife got totally strung out on ectsasy and cocaine she wanted me to get my daughter. I told my superiors but by now there was a riff. They gave me an unreasonable amount of time to drive and get my daughter from detiot (4 days) and drive back. But I made it. They told me to leave my daughter with someone as soon as I got back and go to the field. My daughter's very social. But at this point she's scared of adults. I once again told my superiors. Not only was the problem ignored . 

I was punished. Once I was punished SGT. Roach requested SGT. Smith get my job and SGT. Roach moved up to platoon SGT. At this moment we got a new first SGT. And a new Capt. I held my tongue about the cocaine use. They told me since I missed movement I would get an article 15 and be chaptered out on a family care plan. Sgt. Smith told me to stay with my daughter and he'd check on me at home. He ends up going back to formation and bragging that I wasn't his battle buddy and said I was awol (See Spc. Mormur's statement attached).

I'm driving through louisianna to visit my mom in the hospital and get pulled over months later. Thats how I found out I was awol. Kharma caught up with SGT. Roach and he was chaptered out the same time as me for his cocaine abuse. He apologized when we were being chaptered at the same time and even offered me a job at a vende machine company as a civilian. I didn't take it. I loved my job. My father is a retire officer vietnam veteran. I was born on Ft. Benning. 

I always wanted to be a soldier. I sometimes still do. Getting an UNDER OTHER THAN HONORABLE CONDITIONS release has made it impossible to feed my 3 kids. Please change my discharge to HONORABLE. I felt honored to wear the uniform. I did my job like no other. I needed my company to support me the way I supported them. But they didn't. It wasn't the whole army just a couple of people trying to save their own necks. I love my country and I'm proud I served. But please take this heavy burden off of me and let me feel proud of my DA cornmisioned 2 waiver NCO career." 

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: 041118
Discharge Received: 			   Date: 041216   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: C Battery, 3rd Battalion, 43rd Air Defense Artillery, Fort Bliss, TX 

Time Lost: AWOL x 1 from (040217-040901) for a total of 196 days.  The applicant was apprehended by the civilian authorities at Ouachita Parish, LA and was transferred to Fort Bliss, TX. 




Article 15s (Charges/Dates/Punishment): The unit commander's memorandum recommending that the applicant be separated from the Army indicates he received a Company Grade Article 15 for violation of Article 86 and Article 107, and the punishment imposed was that he be reduced to Private First Class (E-3), extra duty and restriction for 14 days. However, the Article 15 is not part of the available record.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 010425    Current ENL Term: 4 Years  The applicant required a moral waiver at the time of enlistment, which was approved on (010417)
Current ENL Service: 	2 Yrs, 7 Mos, 19 Days ?????
Total Service:  		2 Yrs, 7 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25Q10 Multi-Channel Transmission Sys   GT: 124   EDU: HS Grad   Overseas: Saudi Arabia (020825-030517)   Combat: None
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, AFEM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he went AWOL between on or about (040217-040902).  The unit commander recommended that the applicant be separated from the Army with an under other than honorable conditions discharge.  He was advised of his rights.  On 18 November the applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board 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's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 13 December 2004, 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.  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 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, but a general discharge 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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 the 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 analyst noted the applicant's issue that he was having marital problems and he told his superiors and they gave him an unreasonable amount of time to pick up his daughter from Detroit and drive back.  The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims his work environment while in the military and the family issues at home resulted in his discharge. 
       
       While the applicant may believe his marital problems at home and his work enviornment while in the military was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief for his situation through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.   
       
       The applicant further contends that the discharge he received has made it impossible to feed his three kids and that he needs his job.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       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: 29 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Georgia Dept of Veterans Service
                 Attn: Mr. Billy Robbins
                 22 East Brood Street, Room 118
                 Nonnan, GA 30263

Witnesses/Observers: NA 

Exhibits Submitted: DD From 293 dated 28 December 2009, two character reference statements, two copies of DA Form 2823 (Sworn Statement), and two copies of DA Form 4856 (Developmental Counseling Form) with various dates. 








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. 

Further, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as “4”, and block 28, narrative reason for separation as "Misconduct."  In view of these errors, the Board voted to administratively change block 27, reentry code to “3, and block 28, narrative reason for separation to "Misconduct (AWOL)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it. 



        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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: Misconduct (AWOL) under the provisions of Chapter 14-12c(1), AR 635-200.
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      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 AR20100006917
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