IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120017182
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.






      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, the reason he would like for his discharged to be upgraded is because he would like to get back in the Army and serve his country for 20 years.  He was discharged for going AWOL because he developed a lung abscess in 2007 and was put on a P3 profile.  After being on profile for 2 months, his unit wanted him to start doing PT which he was not physically ready to do.  So being young and dumb he decided to not show up for work and get back to 100 percent.  That was the dumbest thing he could have done and he regrets it every day.  He admits that was not the right thing to do leaving like he did, but he was young and very immature which is not an excuse but it is the truth.  He has been trying to get back in the Army every since he was discharged.  That was not him and the Army is where he really wants to be.  So he hopes he will be given another chance to serve his country.  Look at his personnel file and see that he was never in any trouble before this and he knows this is not anything little. He made a mistake and gives his word that if he is granted another chance to rejoin the Army he would take that chance and excel, like he was doing before this happened.  Thanks for taking the time to read this and hope he gets another chance and don’t let this dumb immature thing he did without thinking it through and allow him to make it right by showing the Army that he is a top class Soldier.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 September 2012
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			25 July 2008
d. Reason/Authority/SPD/RE Code:	Misconduct (AWOL), AR 635-200, 14-12c(1),
   JKD, RE-3
e. Unit of assignment:			HHC, 2-1st Infantry Regiment, Fort Lewis, WA
f. Current Enlistment Date/Term:	8 August 2006, 5 years, 18 weeks
g. Current Enlistment Service:	1 year, 7 months, 12 days
h. Total Service:			1 year, 7 months, 12 days
i. Time Lost:				150 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92Y10 Unit Supply Spec
m. GT Score:				98
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 August 2006, for a period of 5 years,             18 weeks.  He was 19 years old at the time of entry and was a high school graduate.  He was serving at Fort Lewis, WA, when his discharge was initiated.  He did not have any personally earned awards in his service record and did not have any combat service.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 27 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, specifically for the following offense of being a deserter (071201-080501).  He was advised of his rights.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 1 July 2008, the applicant waived legal counsel, was advised of the impact of the discharge action and did not submit a statement on 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 with a general, under honorable conditions discharge.  

4.  On 10 July 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 25 July 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, for misconduct (awol), a Separation Program Designator code (SPD) of JKD and an RE code of 3.

6.  The applicant's record shows he was AWOL during the period 1 December 2007 through 30 April 2008.  The mode of which the applicant was returned to military control is unknown.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 19 June 2008, without authority and with intent to remain away permanently, absented himself from his unit in desertion (07120-080501); reduction to the grade of E-1, forfeiture of $673 pay x 2 months, extra duty for 45 days, restriction for 45 days and an oral reprimand, (FG).
      
2.  A negative counseling statement dated 9 May 2008, for being AWOL.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an online application, dated 15 August 2012. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any.  

REGULATORY AUTHORITY:

1.  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 being absent 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.   

2.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation to include the reentry eligibility (RE) code.

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct (AWOL), the applicant diminished the quality his service below that meriting a general fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for violations of the Uniform Code of Military Justice. 

3.  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.

4.  The applicant requested a change to the narrative reason for separation to include the reentry eligibility (RE) code.  However, the applicant’s discharge was directed under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL),” and the separation code is "JKD," and the reentry eligibility (RE) code of “3.”  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.

5.  The applicant contends his unit wanted him to start doing PT which he was not physically ready to do.  A review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 

6.  The applicant further contends he was young and immature which is not an excuse for his actions.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

7.  The applicant desires another chance to rejoin the Army.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 
  
8.  The applicant also contends that he was never in any trouble before this happened.  The applicant is to be commended for his efforts.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  The records show the proper discharge and separation authority procedures were followed in this case.  

10.  Therefore, the reason for discharge, the characterization of service to include the reentry eligibility (RE) code being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	   Date: 10 April 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: NA

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:		No Change
Change Authority for Separation:	N/A
Change RE Code to:	N/A
Grade Restoration to:	N/A
Other:	N/A













Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120017182



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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