Applicant Name:  ?????

Application Receipt Date: 2011/08/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he sincerely apologize for his actions and accept full responsibility for them.  After returning home from his 15 month deployment to Iraq, he came home  to a family energency.  His wife and four kids were in an ice storm that hit Kentucky in med January 2009 and lasted throughout February and March 2009 and he informed his leadership of his situation. 

He had 35 days of unused leave which he thought he could take that would have allowed him time to get his family situation resolved, but he was denied the leave by his chain of command who were no help with his family emergency.  He did the only thing he could do which was to go AWOL to help his family.  The Army stopped his pay and he went to the finance office who could not figure out why he was not getting paid and this created another problem which placed his family in a financial bind and he had to get an AER loan to support his family.

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: 090610
Discharge Received: 			   Date: 090626   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Company C, 2nd Battalion, 22nd Infantry Regiment, 1st Brigade Combat Team, 100th Mountain Division (Light Infantry), Fort Drum, NY 

Time Lost: AWOL x 1 (090121-090323) for 62 days.  The applicant was apprehended.

Article 15s (Charges/Dates/Punishment): 090520, AWOL (090121-090323), reduction to Private (E-1), forfeiture of $699.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (090703), 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:  21
Current ENL Date: 070104    Current ENL Term: 4 Years  16 weeks/The applicant required a medical waiver at the time of enlistment, which was approved on (061106).
Current ENL Service: 	2 Yrs, 3  Mos, 20  Days The net active service this period is incorrect; should be as annotated above.  The applicant has a period of AWOL that was not deducted from his current period of service under review.  
Total Service:  		2 Yrs, 3  Mos, 20  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070907-081030)
Decorations/Awards: AAM, NDSM, ASR, CIB






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 10 June 2009, 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 from (090121-090323); restricted from the barracks and was disrespectful towards 1SG; (090415), and wrongfully removed his chapter paperwork from the training room, which he had been restricted from (090408). 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 11 June 2009, 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 17 June 2009, 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, the issue and documents 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 after returning home from his 15 month deployment to Iraq, he came home to a family emergency; his wife and four kids were in an ice storm that hit Kentucky in mid-January 2009 and lasted throughout February and March 2009 and he informed his leadership of his situation.  The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims a family emergency at home resulted in his discharge. 
       
       
       
       
       
       
       While the applicant may believe his family emergency at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from this emergency through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       The applicant contends that he had 35 days of unused leave which he thought he could take that would have allowed him time to get his family situation resolved, but he was denied the leave by his chain of command who were no help with his family emergency.  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 Army stopped his pay and he went to the finance office; who could not figure out why he was not getting paid and this created another problem which placed his family in a financial bind and he had to get an AER loan to support his family.  The analyst acknowledges the applicant's issue about him not getting paid; however, the issue does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       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 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 8 August 2011, 8 newspaper articles and pictures with vrious dates. 






















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 AR20110016427
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