Applicant Name:  ?????

Application Receipt Date: 2011/05/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "In a six month period both of my parents died"donna brown,robert guthrie",my best friend died "Nick ian donaldson",with Wife divorced me,left me,moved out of state, and obtained child support and alimony"treva marie glassburn/brown".i got layed off from work at A.M. general from building hummers for three years.

then my new girlfriend cheated on me while i was on active duty training an almost gave me herpes.shortly thereafter i quit showing up to drills and made a suicide attempt then woke up in the hospital"memorial hospital south bend ,In.For some months i sat alone in my home going nowhere but for food once a month trying to get the guts up for another attempt but couldnt do it,so now i am pleading temporary insanity and a discharge upgrade so i can get a job and pay child support on my children."

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: 020520
Discharge Received: 			   Date: 020708   Chapter: 14-12c (1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: Company E, 447th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA 

Time Lost: AWOL x 2 (020306-020403) surrendered; AWOL (020405-020409) surrendered.  Total time lost was 34 days. 

Article 15s (Charges/Dates/Punishment): 020403, AWOL (020306-020403), reduction to Private (E-1), forfeiture of $552.00 pay per month for two months, 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:  18
Current ENL Date: 010302    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 3 Mos, 3 Days The computation includes 52 days of excess leave from (020518-020708)
Total Service:  		1 Yrs, 3 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 111   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (1), AR 635-200, by reason of misconduct-commission of a serious offense; for being AWOL from (020306-020404), and AWOL from (020405-020410) and was dropped from the Army rolls as a deserter.  The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 17 May 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily 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.  On 31 May 2002, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 18 June 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 submitted with the application, the analyst found no mitigating factors which 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 the 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 that in a six month period both of his parents and best friend died,and his wife divorced him; moved out of state, and obtained child support and alimony; and he got layed off from work at A.M. general from building hummers for three years.  The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims his personal problems and family issues at home resulted in his discharge. 
       
       While the applicant may believe his personal and family problems at home were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       THe applicant further contends that he wants an upgrade so that he can get a job and pay child support.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 2 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 9 May 2011.

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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
?????




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 AR20110011073
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