Applicant Name: ????? Application Receipt Date: 2011/03/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He contends that he discharge has affected his ability to sustain suitable employment to care for his family. He further contends that he desires to utrilize the GI Bill which he enlisted for. He also contends that a mistake as youth should not be held over his head. He additionally contends that he reached out to his superior officers due to a medical emergency involving his spouse and was pushed aside as not important or urgent. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: Yes/11 July 2011 See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 041118 Discharge Received: Date: 041124 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: H Co, 71st Trans Bn, Fort Eustis, VA Time Lost: None Article 15s (Charges/Dates/Punishment): 041104, drunk on duty (041006); without authority, failed to go at the time orescribed to his appointe place of duty x 2 (041006), (041018); reduction to E-1, forfiture of $200 pay x 2 months (suspended), 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: 29 Current ENL Date: 031230 Current ENL Term: 06 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 25 Days ????? Total Service: 09 Yrs, 11 Mos, 01 Days block 12e on the DD Form 214 total prior inactive service is incorrect and should read 08 Yrs, 00 Mos, 06 Days. Previous Discharges: USAR-930816-940712/NA ADT-940713-941029/UNC USAR-941030-960931/NA USARCG-961001-010821/HD Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 42L10 Administrative Spec GT: 107 EDU: 14 Years Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Suitland, MD Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for failing to report to his appointed place of duty x 7 (040610), (040612), (040615), (040810), (040831), (041006), (041018); failed to return to his appointed place of duty (040804); disrespectful in deportment towards a noncommissioned officer (SFC) (040806); and drunk on duty x 2 (040901), (041006), with a general, under honorable conditions discharge. He was advised of his rights. On 18 November 2004, 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 19 November 2004, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 during the period of enlistment under review and the issues submitted with the application, the analyst determined that the discharge is improper. The evidence of record shows that the applicant consulted with legal counsel and and was entitled to consideration of his case by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of separation action. The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board. The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. In view of the foregoing, the analyst recommends to the Board that relief be granted 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; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: two (2) DD Forms 293, dated (110301), (110226). 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 is improper. The evidence of record shows that the applicant consulted with legal counsel and was entitled to consideration of his case by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of separation action. The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it. The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant 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. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under the provision of Chapter 5, AR 635-200, with the corresponding separation (SPD) code of "JFF." Other: NA RE Code: Grade Restoration: No Yes Grade: None 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 AR20110004173 ______________________________________________________________________________ Page 3 of 3 pages