Applicant Name:  ?????

Application Receipt Date: 2010/02/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: The events that led to my discharge started May 21, 2007 my wife has a appointment about her pregnancy and was admitted to the hospital for complications with her pregnancy I called my superiors to let them know my status on May 23 07 my wife had a emergency c-section due to her high blood pressure and my son having a irregular heart beat.  My son was 1 month premature and had to stay in the hospital for an additional 12 days, I called my squad leader to let them know the status of my wife b/c we were in the same company and let them know that I was going to take care of my wife and son until she recovered from surgery and when I returned to work to fill out my leave forms my Captain said I was being discharge because I was AWOL even though I called my squad leader to let them know where I was.  I feel like it was miscommunication I just wanted to be there with my wife because she really needed me b/c I wasn't there with her during her pregnancy due to deployment.  I really would like to join the military again in the future."

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: 070713
Discharge Received: 			   Date: 070830   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, 277th ASB, 10th CAB, 10th MTN Div (LI), Fort Drum, NY 

Time Lost: AWOL x 3 for a total of 28 days: 2 days (070424-070425), mode of return unknown; 15 days (070517-070531), mode of return unknown; and 11 days (070604-070614), mode of return unknown.

Article 15s (Charges/Dates/Punishment): The Unit Commander's recommendation memorandum makes reference to the applicant having received a Company Grade Article 15, however, the available records are void of the Article 15 documents.

Courts-Martial (Charges/Dates/Punishment): 070628, SCM, Failing to go at the time prescribed to his appointed place of duty x 6 (070405, 070417, 070417, 070418, 070419, and 070423), AWOL x 3 (070424-070425, 070525-070531, and 070604-070614), and disobeying a commissioned officer x 2 (070316 and 070327).  Punishment consisted of confinement for 30 days; and forfeiture of $400.00 pay per month for one month.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050111    Current ENL Term: 03 Years  28 Weeks
Current ENL Service: 	02 Yrs, 06Mos, 22Days The DD Form 214 under review does not account for the 28 days of time lost in block 12c "Net Active Service this Period." 
Total Service:  		02 Yrs, 06Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92W10/Water Treatment Specialist   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (060217-070201)
Decorations/Awards: AAM, NDSM, ACM, GWOTSM, ASR, OSR, NATOMDL


V.  Post-Discharge Activity
City, State:  Carbondle, IL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 13 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for having received a Company Grade Article 15 as well as a Summary Court-Martial, violation of Article 86, failure to report x 11 and AWOL x 3; Article 90, disobeying a Commissioned Officer x 2; and Article 91, disrespecting x 2 and disobeying a noncommissioned officer x 1, with an under other than honorable conditions discharge.
       
       He was advised of his rights.  On 16 July 2007, the applicant waived his right to legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       On 21 August 2007 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 analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."

       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 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 general, under honorable conditions 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 discharged for being AWOL when he was trying to take care of his wife after having complications with her pregnacy.  However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a general, under honorable conditions discharge.
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27 "Reentry (RE) Code" to read "4.;"  The analyst recommends that block 27 "Reentry (RE) Code" be administrately corrected to read "3," as required by AR 635-5-1.  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Except for the forgoing modification to the applicant's RE Code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Record of Trial by Summary Court-Martial, and DD Form 214 for the period of service under review.

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 directs the ARBA Promulgation Team-Arlington to administratively correct block 27, "Reentry Eligibility (RE) Code" to read "3."  

Except for the foregoing modification to the applicant's Reentry Eligibility (RE) Code, the Board determined that the reason for discharge and the characterization of service were both proper and equitable.












        
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: The Board directs ARBA Promulgation Team-Arlington to administratively correct block 27, "Reentry Eligibility (RE) Code" to read "3."  										
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 AR20100008150
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