Applicant Name: ????? Application Receipt Date: 2008/05/27 Prior Review: Prior Review Date: NA I. Applicant 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? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 070419 Discharge Received: Date: 070614 Chapter: 14 AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC, 3/7th Inf Bn, Fort Stewart, GA Time Lost: Block 29 "Dates of Time Lost During this Period" of the applicant's DD Form 214 under review, is void of any time lost, however, records show that the applicant was AWOL for a period of 9 day (060801-060810), mode of return unknown. The applicant's notification memorandum makes reference to the applicant having received two Article 15's for AWOL, however, documents supporting a second period of AWOL was not found in the available records. Article 15s (Charges/Dates/Punishment): 060907, AWOL (060801-060810), reduction to E3, forfeiture of $797.00 pay per month for two months (suspended), 45 days extra duty, and 45 days restriction (suspended), (FG). suspension of punishment imposed on (060907) of forfeiture of $797.00 pay per month for two months and 45 days restriction was vacated for failure to go at the time prescribed to his appointed place of duty (060920). 070109, Failure to go at the time prescribed to his appointed place of duty X 4 (061006, 061007, 061008, and 061009), 14 days restriction (suspended), (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 031112 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 06Mos, 24Days Based on the applicant's period of AWOL (060801-060810), the Currently ENL Service should be 03 yrs, 06 mos, and 24 day, not the 03 yrs, 06 mos, and 24 days shown on the DD Form 214 under revierw. Total Service: 03 Yrs, 06Mos, 24Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 25Q10/Multich Trans Opr MNT GT: 125 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, CAB V. Post-Discharge Activity City, State: Hiram, GA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for receiving two Article 15's for AWOL and multiple counseling's for misconduct, 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, waived consideration of his case by an administrative separation board, and submitted 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 1 June 2007, 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, 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, the documents, and the issues he 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 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. Furthermore, the analyst noted the applicant's issues, however, 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. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined 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: 20 March 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 was both proper and equitable, and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080008381 ______________________________________________________________________________ Page 1 of 3 pages