Applicant Name:  ?????

Application Receipt Date: 2010/08/03	Prior Review:     Prior Review Date: NA 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I did not deserve an awo charge because i was not awol.  I came home from iraq on leave, i was very ill and having sever headaches, i went to the hospital many times and on one visit i had to have a spinal tap, i notified command and my wife also notified command. however my sgt i was reporting to did not repot it to our captn. when my wife spoke with the captn letting him know i was home from the hospital after having the spinal tap he informed her that i was awol.  I was told i was being discharged on finances. 3 weeks later i found that a chapter 14 was not finances it was misconduct. I asked my captn. in person if i will be able to re enlist and he stated yes i would, during this time i went to  see the ig on fort hood he proceeded to tell me and my wife they wont discharge me they are just trying to scare me,i also went to jag and they determined it was to late in the process to fight it and i had really no choice but to just accept it. recently i was offered a job with kbr to go overseas and work as a civilian on a military base all of my paperwork was approved accept my dd214 i was told it has to be just honorable not general under honorable im loosing my house and have no way to take care of my wife and 3 kids i cant get a job because of the general and the misconduct no one will hire me and i have tried to re enlist for almost 2 yrs now and i cant im here begging for your help all i wanted to do was serve my country and give my family a sense of security in that i would always have a job, and on person one sgt who did not like me took that away from me and my family, please help me if it is at all possible i will do what ever is asked of me to get this fixed. thank you for your time and consideration."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 081208
Discharge Received: 			   Date: 081230   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 589th BSB, Fort Hood, TX 

Time Lost: AWOL 2-days (081118 - 081120), 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:  36
Current ENL Date: 080129    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0 Yrs, 10Mos, 29Days ?????
Total Service:  		2 Yrs, 09Mos, 30Days (includes prior active and inactive service)
Previous Discharges: 	ARNG 060302-080128/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 44B10/Metal Worker   GT: 101   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (080608 - 080902)
Decorations/Awards: NDSM, ICM w/CS, ASR

V.  Post-Discharge Activity
City, State:  Copperas Cove, TX
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 November 2008, 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 misconduct—for dishonorably failing to pay a debt to World Finance Corporation, for being AWOL for three days, and for lying to a non-commissioned officer, with a honorable conditions discharge.  He was advised of his rights.  
       
       On  2 December 2008, 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 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 15 December 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.
       
       The applicant's record also contains a court documents from the Superior Court of California.

       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.  
       
       The analyst noted the applicant's issue about his inability to find employment; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       The analyst noted that the command attempted to assist the applicant with his financial issues by providing counseling and budgeting assistance.  The applicant failed to respond appropriately to these efforts.  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.
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  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.
       
       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: 25 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Dorm 214, 44 pages of OMPF and medical records.

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 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: ?????										
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 AR20100018954
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