Application Receipt Date: 060616 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: 041228 Discharge Received: Date: 050113 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HHC, 1st Battalion, 13th Armor Regiment, Fort Riley, KS 66442-5000 Time Lost: AWOL for 10 days from (030112-030121), and AWOL again for 26 days from (041013-041108). The applicant's mode of return to military control on his two periods of AWOL is not in the file. The applicant was AWOL for a total of 36 days. Article 15s (Charges/Dates/Punishment): 030207-without authority, and with intent to avoid field exercises, absented himself from his unit from (030112-030121), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800201 Current ENL Date: 010313 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 08 Mos, 25 Days ????? Total Service: 06 Yrs, 02 Mos, 29 Days ????? Previous Discharges: RA-980908-010312/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 19K10 M1 Armor Crewman GT: 101 EDU: HS Grad Overseas: SouthWest Asia Combat: Kuwait/Iraq (030407-040401) Decorations/Awards: ACM, AAM, GCM, NDSM, GWOTSM, GWOTEM, NCOPDR, 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 28 December 2004, 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 (wrongfully absented himself from his unit on or about 13 October 2004 and remained absent until on or about 9 November 2004, and wrongfully absented himself from his unit on or about 12 January 2003 and remained absent until on or about 22 January 2003), with a general, under honorable conditions discharge. He was advised of his rights. The applicant declined consultation with legal counsel, was advised of the impact of the discharge action, voluntarily 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 a general, under honorable conditions discharge. On 5 January 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 during the period of enlistment under review and the issue he submitted. The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was improper. Accordingly, 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 is recommended to the Board. 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: 23 May 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 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 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. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: NA 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: 31 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008864 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages