Applicant Name:  ?????

Application Receipt Date: 2011/03/03	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 he discharge has affected his ability to sustain suitable employment to care for his family.  He further contends that he desires to utrilize the GI Bill which he enlisted for.  He also contends that a mistake as youth should not be held over his head. He additionally contends that he reached out to his superior officers due to a medical emergency involving his spouse and was pushed aside as not important or urgent.   

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes/11 July 2011

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 041118
Discharge Received: 			   Date: 041124   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: H Co, 71st Trans Bn, Fort Eustis, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041104, drunk on duty (041006); without authority, failed to go at the time orescribed to his appointe place of duty x 2 (041006), (041018); reduction to E-1, forfiture of $200 pay x 2 months (suspended), extra duty and restriction for 45 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 031230    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00  Yrs, 10 Mos, 25 Days ?????
Total Service:  		09  Yrs, 11 Mos, 01 Days block 12e on the DD Form 214 total prior inactive service is incorrect and should read 08 Yrs, 00 Mos, 06 Days.
Previous Discharges: 	USAR-930816-940712/NA
                                       ADT-940713-941029/UNC
                                       USAR-941030-960931/NA
                                       USARCG-961001-010821/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 42L10 Administrative Spec   GT: 107   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Suitland, MD 
Post Service Accomplishments: None Listed




 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 November 2004, 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 failing to report to his appointed place of duty x 7 (040610), (040612),  (040615),  (040810), (040831), (041006), (041018); failed to return to his appointed place of duty (040804); disrespectful in deportment towards a noncommissioned officer (SFC) (040806); and drunk on duty x 2 (040901), (041006), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 18 November 2004, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.
       
       On 19 November 2004, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 and the issues submitted with the application, the analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and and was entitled to consideration of his case by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board.  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.   This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: two (2) DD Forms 293, dated (110301), (110226).

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 is improper.  The evidence of record shows that the applicant consulted with legal counsel and was entitled to consideration of his case by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of separation action.  

The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it.  The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under the provision of Chapter 5, AR 635-200, with the corresponding separation (SPD) code of "JFF."
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 AR20110004173
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