PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Under Other Than Honorable Conditions 2. Date of discharge (or REFRAD): 940822 3. Authority for separation: a. Regulation: Chapter 14, AR 635-200 b. Reason: Misconduct 4. Prior review(s): Records/980309 PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: AAM (1) L/C (2) a. Period entered for: 6 Years GCMDL (4thAwd) b. Entry date: 890731 NDSM c. Age: 31 Years DOB: 571011 NCOPDR (3) d. Educational level: 15 Years ASR e. Aptitude area score: C/Ach (2) GT: 121 3. Highest grade achieved: f. Length of Service: E7 4 Year(s) 9 Month(s) 10 Day(s) 4. Performance evaluations: See OMPF PART III - SERVICE HISTORY SECTION A - Period of Service Under Review - Continued 5. Periods of unauthorized absence: Status Inclusive dates AWOL 920921-920922; 921020-921106; 921123-921125; 921211-921214; 930616-930618; 930621-930622 930713-930802; 930902-930929; 930930-931031; Mil conf 0 Civil conf 930817-930824; Other 0 6. Nonjudicial punishment: NONE Date Offense(s) 7. Court-Martial data: a. SCM: Date Offense(s) b. SPCM: Date Offense(s) 940203 AWOL, 7 Spec’s; (930616-930618); (930621-930622); (930713-930802); (930902-930929); (930930-931031). c. GCM: Date Offense(s) 8. Remarks: The applicant has an approved Bar to Reenlistment in file dated (940126). SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge USAR 760730 761117 NA RA 761118 790710 HD RA 790711 860910 HD RA 860911 890730 HD PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 15 August 1994, the separation authority approved the findings and recommendation of the administrative separation board and directed issuance of an under other than honorable conditions discharge. On 19 August 1994, Orders 231-0002, DA, HQ, US Army Garrison; Fort George G. Meade, Maryland, discharged the applicant from the regular Army, effective 22 August 1994. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12c (1) by reason of misconduct-serious offense-AWOL, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKD (i.e., misconduct-commission of a serious offense-AWOL). The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. b. On 22 August 1994, the applicant was discharged. At the time of discharge, the applicant had completed 4 years, 9 months, and 10 days of active military service and accrued 113 days of lost time in the period under review and had a total of 15 years, 3 months and 4 days of active military service. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, 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. SECTION B-APPLICANT’S SUBMISSIONS 1. Issue(s) of propriety and/or equity submitted by applicant or counsel. As stated on applicant’s DD Form 293. 2. Exhibit(s) submitted: A-1: DD Form 293, dated 020819. A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) SECTION C - Medical and/or Legal Advisory Opinion Referred to ( ) Medical Advisor ( ) Legal Advisor a. Medical prehearing comments (if applicable): b. Legal prehearing comments (if applicable): PART V - SUMMARY OF HEARING SECTION A-Attendees and exhibits 1. Review/hearing information: a. Type requested: ( ) Records review ( X ) Hearing b. Type Held: ( )Records review ( X ) Hearing ( ) Tender Offer c. Review/hearing location and date: Washington, DC on 6 January 2003. d. Appearance by: Applicant ( X ) Yes ( ) No Counsel ( ) Yes ( X ) No e. Applicant testified: ( X ) Yes ( ) No f. Counsel presentation: ( ) Yes ( X ) No g. Witness(es) testified: ( ) Yes ( X ) No 2. Exhibit(s) submitted at hearing: 6 documents. PART VI - ISSUES AND FINDINGS 1. a. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. ( ) Revised issue(s) furnished in writing by applicant as follows: ( X ) Additional issue(s) identified during review/hearing as follows: Board Issue: (4) The characterization of service is too harsh. b. Request: ( X ) Recharacterization ( X ) Change of Reason 2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: a. Propriety: The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. b. Equity: The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above. (4) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board found that the applicant’s post-service conduct partially mitigated the discrediting entries in his service record. In view of the foregoing, the Board determined that the characterization of service is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. (1-3) The issues are rejected. See response to issue (4), above. 3. Response(s) to item(s) not addressed as decisional issue(s): NONE PART VII - BOARD ACTION SECTION A - Conclusions/Decisions/Vote 1. Board conclusion(s): The discharge was: ( X ) Proper. ( ) Improper as to characterization. Change characterization to                                     . ( ) Improper as to reason. Change reason to                         under                      . ( ) Equitable. ( X ) Inequitable as to characterization. Change characterization to General, Under Honorable Conditions. ( ) Inequitable as to reason. Change reason to                        under                                 . ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         . 2. Voting record: Change No Change Reason 0 5 Characterization 5 0 The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document. Department of the Army Review Boards Agency ATTN: Promulgation Team 1941 Jefferson Davis Highway, 2nd Floor Arlington, VA 22202-4508 3. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified                            Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 10 January 2003 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s): ( X ) Change characterization of discharge to General, Under Honorable Conditions. ( X ) Other (see remarks below). Remarks: Restore grade to staff sergeant/E-6. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant INDEX RECORD: AR Number: 2002078962 INDEX NUMBERS: A9406 Date of Review: 030106 A9222 Character of Service: UD A0113 Date of Discharge: 940822 Authority: AR 635-200 C14 Reason: A6730 Results of Board Action/ Vote/Affirmation: GD 5-0 A PART IX - VOTING RECORD Name  Reason Characterization CHANGE NC HON UHC NC UNCHAR 1. Mbr      X      X        2. Mbr      X      X        3. Mbr      X      X        4. Mbr      X      X        5. Mbr      X      X