Applicant Name:  ?????

Application Receipt Date: 2011/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was based on an isolated incident which his superiors appointed over him caused.  He informed his chain of command of the threats being made against his life in the upcoming deployment.  He than requested to be changed to another unit for his safety and well-being.  The request was denied by his superiors when he displayed his intent to pursue a transfer by taking his case to a higher level of his chain of command.  

They refused to allow him to leave his barracks, as well as allow him to talk to any other superior officers appointed over him.  He proceeded by getting the IG's phone nuimber to file a formal complaint and his 1SG threatened him with a Field Grade Article 15.  The threats continued to the point of suicidal ideation as well as paranoia.  He left the barracks late that night and got into his vehicle and started driving away from the base.  Within several hours of his absence he began receiving threatening phone calls from fellow Soldiers, including the team and squad leaders.  

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: 100126
Discharge Received: 			   Date: 100218   Chapter: 14-12c (1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HQ & HQ Company, Rear Detachment, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade (SBCT) (Rear) (Provisional), 2nd Infantry Division, Fort Lewis, WA 

Time Lost: AWOL x 1 (090624-090902) 72 days.  The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 091201, AWOL (090624-090903), reduction to Private (E-1), forfeiture of $699.00 pay per month, for two months, suspended, to be automatically remitted if not vacated before (100601), restriction and extra duty 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: 070821    Current ENL Term: 4 Years  17 weeks
Current ENL Service: 	2 Yrs, 3  Mos, 19  Days ?????
Total Service:  		2 Yrs, 3  Mos, 19  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR







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 19 January 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he went AWOL (090624-090903), with a general, under honorable conditions discharge.  He was advised of his rights.  On 20 January 2010, 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 service 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 26 January 2010, 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 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 his discharge was based on an isolated incident which his superiors appointed over him caused.  He informed his chain of command of the threats being made against his life in the upcoming deployment and requested to be changed to another unit for his safety and well-being; his request was denied by his superiors when he displayed his intent to pursue a transfer by taking his case to a higher level of his chain of command.  Even though the applicant claims it was a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  
       
       
       
       
       
       
       
       
       The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. 
       
       This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Further, 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 the threats continued to the point of suicidal ideation as well as paranoia.  He left the barracks late that night and got into his vehicle and started driving away from the base.  Within several hours of his absence he began receiving threatening phone calls from fellow Soldiers, including the team and squad leaders.  The evidence of record shows that the applicant was diagnosis with an adjustment disorder with depressed mood; wherein he was being treated for as part of his inpatient hospitalization from 6-9 September 2009 after turning himself in for AWOL and expressing suicidal thoughts. 
       
       He denied any suicidal or homicidal ideations during his stay and as part of his discharge process from the ward he received a psychiatric evaluation and was not regarded as an imminent danger to himself or others.  There was no psychiatric disease or defect which warranted disposition through medical channels and the applicant was subsequently cleared for any administrative action deemed appropriate by the command.  
       
       
       Additionally, the applicant had many other legitimate avenues that he could have gone to even though he went to the IG; through which he could have obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       In view of the foregoing, 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: 29 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 3 August 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110016328
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