Application Receipt Date: 060720 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: 040706 Discharge Received: Date: 040804 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: 21st Replacement Company, Fort Hood, TX Time Lost: AWOL 29 days (040421-040519), applicant surrendered to military authority. Article 15s (Charges/Dates/Punishment): 040623/AWOL/CG Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820103 Current ENL Date: 030927 Current ENL Term: 04 Years ????? Current ENL Service: 00 Yrs, 10Mos, 08Days ????? Total Service: 03 Yrs, 00Mos, 08Days ????? Previous Discharges: RA-010628-030926/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 55B10 (Ammunition Specialist) GT: 91 EDU: HS Grad Overseas: Germany Combat: Iraq (030123-031117) Decorations/Awards: ARCOM, AAM (2d Award) GWOTEM, GWOTSM, NDSM, NCOPDR, OSR, Certificate of Achievement (2), Certificate of Appreciation (2). 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 6 July 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 (absent without leave (AWOL) 21 April 2004 to 20 May 2004), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 23 July 2004, 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, 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 evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommend the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070205 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: Yes Exhibits Submitted: No 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable. While the applicant's misconduct is not condoned, the Board found that the applicant's overall length and quality of service to include his combat service and circumstances surrounding his AWOL, mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to "1". 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: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060010213 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages