Applicant Name:  ?????

Application Receipt Date: 2010/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states:  "The discharge was inequitable because the Sgt. Major and First Sgt. advised my father to take me home, because I was chapter out of the 82nd.  My father asked both Sgt. Major and First Sgt. about speaking with the Commanding Officer.  They informed my father that your son would be reprimanded once he signs in (Headquarter).  They further stated to my father that it would be best, to take your son back to Texas and wait for his Discharge.  My father stayed in touch with the First Sgt. about my Discharge and all conversation were recorded.  My discharge was inquitable because it was based on untruthful information from a NCO to a civilian (Father) and that information was given to me.  Sir, my intentions is not to get anybody in trouble on this incident, but rather to obtain a fair decision.  Sir, you can be assured that all action by my father and myself were in good faith."

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: 061011
Discharge Received: 			   Date: 061106   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Troop 5/73rd Cavalry Squadron, Fort Bragg, NC 

Time Lost: AWOL x1 for 142 days (060328 - 060816), returned to unit.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040520    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	2 Yrs, 0Mos, 28Days ?????
Total Service:  		2 Yrs, 0Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11P1P/ Infantryman   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Cypress, TX
Post Service Accomplishments: The applicant was ordered to active duty on 1 Oct 2009 for 379 days.  He has reached the rank of E-4 and received an AAM, ICM w/CS, AFRM w/M device, CIB and deployed to Iraq (091207-100809).  The applicant was discharged with an HD (091001-100917).

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 October 2006, 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 being AWOL (060328-060817), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 October 2006, the applicant consulted 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 17 October 2006, 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, 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.    
       
       The analyst determined that the applicant’s 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 the misconduct, the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge.  
       
       Furthermore, the analyst noted the applicant's issue that his discharge was inequitable because it was based on untruthful information from an NCO to a civilian.  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.  The analyst acknowledged the two microcassette tapes and the applicant's self authored statement, however, the independent corroborating evidence does not demonstrate that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance.
       
       Therefore, 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: 22 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel:   [ redacted ]

Witnesses/Observers:  [ redacted ] 

Exhibits Submitted: DD Form 214, 2 microcassette tapes, self authored statement (4 pages), Houston VAMC (2 pages), Bank statement (2 pages), Hotel bills (3 pages), Texas Military Forces Documents (6 pages).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 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: No Change
Other: ?????										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????






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 AR20100016145
______________________________________________________________________________


Page 3 of 3 pages