Application Receipt Date: 060914 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 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: 030908 Discharge Received: Date: 031022 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: E Company, 101st Division Artillery (Rear) (Provisional), Fort Campbell, KY 42223-5000 Time Lost: Absent without leave X 3, for a total of 372 days: 23 days (020523-020615), 7 days (020709-020715), these two periods of AWOL the applicant returned to his unit of assignment. The third period of AWOL for 342 days (020904-030716), the applicant was apprehended by civil authorities in Paragould, AR, and then transferred to military authorities at Fort Campbell, KY. Article 15s (Charges/Dates/Punishment): 030902/Absent without leave on or about (020904) to on or about (030717)/(Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760808 Current ENL Date: 001115 Current ENL Term: 04 Years The applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: year 2001, month 10, day 28, should read year 2000, month 11, day 15, information is based on applicant's enlistment contract dated (001115)). Current ENL Service: 01 Yrs, 10Mos, 07Days ????? Total Service: 01 Yrs, 10Mos, 07Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 91W10 (Health Care Specialist) GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, 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 5 September 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (absent without leave on or about 4 September 2002 until on or about 17 July 2003), with an under other then honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge and referred the case to an administrative separation board. On 14 October 2003, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions and that he be reduced to private/E1. The applicant has a Report of Mental Status Evaluation dated 14 August 2003, in his Official Military Personnel File. 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 found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 his 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. Furthermore, the record does not support the applicant’s contention that he suffers from a Bipolar Disorder and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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 both proper and equitable, and voted to deny relief. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 12 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013039 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages