Applicant Name: Application Receipt Date: 2007/09/27 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant 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: NIF Discharge Received: Date: 050516 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKD Unit/Location: HHD, 654th ASG, FT Lewis, WA Time Lost: AWOL for 21 days (050207-050227), mode of return is unknown. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1982/11 HOR City, State: San Bernadino, CA Current ENL Date: 041104 Current ENL Term: ?? Years 365 days Current ENL Service: 00 Yrs, 05 Mos, 22Days ????? Total Service: 03 Yrs, 08 Mos, 29 Days ????? Previous Discharges: USAR 010727-010917 / NA RFAD 010918-020119 / UNC USAR 020120-041103 / NA Highest Grade: E3 Performance Ratings Available: Yes No MOS: 42L10 Administrative Specialist GT: NIF EDU: 1 yr College Overseas: None Combat: None Decorations/Awards: ASR / NDSM / GWOTSM / AFRM w/ M Device V. Post-Discharge Activity Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records. The applicant submitted her copy of the Commander’s notification memorandum indicating that on 19 April 2005, the Commander was initiating separation action under provisions of Chapter 14 for commission of a serious offense for her absence without leave (050207-050227) with a recommendation for an honorable characterization of service. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) authenticated by her signature. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKD (i.e., misconduct- AWOL). The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. 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, 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 she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her 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 and 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. Furthermore, the applicant submitted several documents indicating she was under a doctor’s care however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical condition. 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: 22 August 2008 Location: Washington D.C. 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 2 No change 3 - 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. 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: 25 August 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070013371 ______________________________________________________________________ Page 1 of 4 pages