Applicant Name:  ?????

Application Receipt Date: 2010/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends that his discharge is improper because he desired to stay in service and receive help with his addiction problem.  He further contends that a drug counselor told him that he could not be discharged if he asked not to be, his command would not comply, they planned to get him treatment and upon completion, he would be discharged.  He also contends that after being advised of the command's plans he lost all hope and went AWOL.  He additionally contends that he was an honorable Soldier and received the Good Conduct Medal.

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: 060918
Discharge Received: 			   Date: 061026   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HSC, 615th Aviation Spt Bn, Fort Hood, TX 

Time Lost: AWOL x 3 for a total of 51 days; (060207-060215) for 9 days, mode of return unknown; (060217-060222) for 6 days,  mode of return unknown; (060307-060412) for 36 days, mode of return unknown: Confinement/Civil Authorities for 193 days (060413-061026).  Total time lost 244 days. 

Article 15s (Charges/Dates/Punishment): 051201, without authority, failed to go at the the time prescribed to his appointed place of duty x 5 (051115), (051103), (051102), (051031), (051027); reduction to E-3 (suspended), and extra duty for 14 days, (CG).

060210, the suspension of punishment of reduction to E-3 was vacated for the new offense of without authority, failed to go at the the time prescribed to his appointed place of duty (060117). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050209    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00 Yrs, 07 Mos, 14 Days ?????
Total Service:  		04  Yrs, 06 Mos, 08 Days ?????
Previous Discharges: 	ARNG-010315-020128/NA
                                       ADT-020129-021003/HD
                                       ARNG-021004-030430/HD
                                       RA-030501-050208/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 94A10 Land Combat Electronic Missle System Repairer   GT: 108   EDU: HS Grad   Overseas: Southwest Asia   Combat: (Dates NIF) 
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Lampasas, TX 
Post Service Accomplishments: None Listed 
VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 September 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 accused of sexually assaulting a minor and providing alcohol to a minor (060129), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 5 September 2006, the applicant consulted with 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 and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       On 13 October 2006, the separation authority approved the unconditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions
       
       The applicat's record contains a CID Report of Investigation, dated 4 May 2006.

       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 issues 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 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 applicant contends that his discharge is improper and that a drug counselor advised him that he could not be discharged if he did not want to be; his command would not comply, planned to get him treatment and upon completion, he would be discharged. 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 applicant further contends that after being advised of the command's plans he lost all hope and went AWOL. The applicant had many legitimate avenues (i.e., Chaplain, Community Counseling Center, and other resources available to all Soldiers) through which to obtain assistance or relief, without committing the acts of AWOL.
       
       The applicant also contends that he was an honorable Soldier and received the Good Conduct Medal.  Careful consideration  was given to his entire service record, to include his prior service, and the analyst found that this service was not sufficiently meritorious to warrant an upgrade of the discharge under review.
       
       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: 3 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100915); and a Character Statement.

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 AR20100024289
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