Applicant Name:  ?????

Application Receipt Date: 2010/04/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "i was wrongfully put out of the army.  IF i did not have any heart complications and could go to iraq with my unit, then my superiors would have let me stay but that wasnt the case.  once i came back from awol i was immediately put present for duty. i received a summary court martial, what came out of that was a fine and thats it. ii was told i was going home and to call my family. i started clearing post on a memo stateing to start clearing post with out orders from the commander.  all i needed was my orders to clear post  signed by the sgm and i would have been done with the process out of the army.  No that did not happen the Lt [redacted] at the time Lt Col [redacted] brought me in her office told me that i was not going any where and the awol had been forgiven and i was a good soldier and it was time i started doing what i swore to do.  I told her that upon me having a heart condition (pericarditis) i was at the end of my clearing and only needed the sgm to sign off on my orders to clear post for good. She said that was not goin to happen and from that point i got the post obundsman (retired sgm) involved and she helped get me into the med board. once in the med board my superoirs were furious and made it their duty to get me out of the army on awol. Once my med board was at the last stage before being decided (%) they got the General to sign offf on me to not proceed with medical separation and proceed with general discharge misconduct  awol.  I feel i should have been abel to complete my med board and get a honorable discharge.  I have a family and this has been a very hard strain on everyone.  Please see it to change this classification."

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: 090826
Discharge Received: 			   Date: 091022   Chapter: 14-12c(1)      AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHC, 1st Bde Cbt Tm (Rear) (Provisional) Fort Hood, TX 

Time Lost: AWOL for 73 days (080928-081209), returned to unit.

Article 15s (Charges/Dates/Punishment): 080106, without authority, failed to go at the time prescribed to his appointed place of duty x 7 (090520), (090514), (090511), (090429), (090408), (090324), (090217); forfeiture of $326 pay (suspended), and extra duty for 14 days (FG).

090609, the suspension of punishment of forfeiture of $326 pay was vacated for the new offense of dereliction of duty (090601).

Courts-Martial (Charges/Dates/Punishment): 090113, SCM, without authority, absented himself from his unit (AWOL) (080928-081210); forfeiture of $933 pay.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 080729    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 00 Mos, 12 Days ?????
Total Service:  		01 Yrs, 05 Mos, 13 Days ?????
Previous Discharges: 	ARNG-080228-080728/HD
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police     GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
City, State:  Westland, 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 6 April 2009, 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 absenting himself from his unit (AWOL) (080928-081210), with a general, under honorable conditions discharge.  He was advised of his rights. 
        
       On 7 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action,  and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  
       
       On 7 October 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 applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, 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 analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL)," the separation code is "JKD," and the reentry code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The applicant contends that he was wrongfully put out of the Army.  The evidence of record shows that the applicant was charged under the UCMJ for several offenses; received a Summary Court-Martial for AWOL and several negative counseling statements.  Subsequently, the applicant was notified 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 AWOL.
       The evidence of record shows that a Medical Evaluation Board (MEB) diagnosed the applicant with pericarditis and obstructive sleep apnea and referred the findings to a Physical Evaluation Board (PEB) for further action.  Further Chapter 1, paragraph 1-33(2)e, AR 635-200, states that the authority of the General Court Martial Convening Authority (GCMCA), will determine whether a case is to be processed through medical disability channels or under the administrative separation provisions and it will not be delegated.  
       
       The GCMCA determined that the applicant's separation action would not be processed though medical disability channels and returned it to his command for appropriate action.  The evidence of record shows that on           24 September 2009, the separation authority determined that the applicant's medical condition was not the direct or substantial contributing cause of the misconduct that led to to the recommendation for administrative separation, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       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: 12 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated (100412); and excerpts from AR 40-501, pages 27-28, 35, and 75-76.

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None



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 AR20100013083
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