Application Receipt Date: 060626 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he received a general under honorable, and it has been 6 months. Also, he would like to receive his GI Benefits. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 051116 Discharge Received: Date: 051222 Chapter: 14 AR: 635-200 Reason: Misconduct-Pattern of Misconduct RE: SPD: JKA Unit/Location: B Company, 2nd Battalion, 18th Field Artillery, Fort Sill, OK 73503 Time Lost: AWOL x 2, for a total of 19 days from (050902-050918) and (040205-040208). Article 15s (Charges/Dates/Punishment): 050930, AWOL from (050902-050919); (Company Grade) 2nd Article 15, 040218, AWOL from (040205-040209); (Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820115 Current ENL Date: 010928 Current ENL Term: 4 Years ????? Current ENL Service: 4 Yrs, 2 Mos, 4 Days The net active service this period on the DD Form 214 item 12c, is incorrect, should be: 4 Yrs, 2 Mos, 4 Days. The applicant has two periods of AWOL, that is not shown on his DD Form 214, item 29, Time Lost. Total Service: 4 Yrs, 2 Mos, 4 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 21E10 Heavy Const Equip Operator GT: 90 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq/Kuwait (030115-030706) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 16 November 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (absent without leave or desertion, and you have been absent without leave for a period of 17 days and this is not the first time you have been absent without leave) with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 13 December 2005, 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 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, but a general discharge 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 he submitted, the analyst noted that the applicant was retained on active duty beyond his expiration term of service (ETS) date. Under the provisions of AR 635-200, Paragraph 1-26, retention beyond a soldiers ETS to process an administrative separation proceedings pursuant to this regulation is not authorized unless the soldier is pending court-martial charges. The evidence of record shows that the applicant was not pending charges and therefore was not eligible to be retained for the purpose of administrative discharge. In view of the foregoing, the analyst determined that the discharge was and is improper. Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to 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: 30 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 and is improper. Accordingly, the Board voted to grant full 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. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009212 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages