Applicant Name: ????? Application Receipt Date: 2008/11/18 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 991004 Discharge Received: Date: 991008 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: B Btry, 2/44th ADA, Ft. Campbell, KY Time Lost: None listed on the Applicant's DD Form 214, however, the unit commander initiating separation processing stated the Applicant was AWOL from 6 August 1999 until apprehension on 11 August 1999. No further information is in the available record. Article 15s (Charges/Dates/Punishment): 990720, Wrongful use of marijuana between on or about 18 May 99 and 17 June 99; Reduction to E1, forfeiture of $479.00 pay per month for 2 months, extra duty and restriction for 45 days (FG). The above listed Article 15 identifies the Applicant as being in the grade of E2. In his recommendation for separation, the unit commander stated the Applicant had received 2 (two) Field Grade Article 15s, however, no further information is in the available record of evidence. It is noted, however, the Applicant's highest grade was E3, thereby indicating the Applicant had been reduced in rank from E3 to E2 prior to the Article 15 dated 990720. Courts-Martial (Charges/Dates/Punishment): In the initiation of separation, the unit commander states the Applicant received a summary court-martial for being AWOL from 6 August 1999 until apprehended on 11 August 1999, however, no further information is in the available record. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 970528 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 04 Mos, 11 Days ????? Total Service: 02 Yrs, 04 Mos, 11 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 14J Early Warning Sys Opr GT: 104 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ASR, OSR V. Post-Discharge Activity City, State: College Park, GA Post Service Accomplishments: None submitted by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 September 1999, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for having been AWOL from 6 August 1999 until apprehended on 11 August 1999, with a general under honorable conditions discharge. The Applicant was advised of his rights, 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. On 4 October 1999, 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 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 the Applicant’s military records, and the issue submitted with the application, 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the Applicant diminished the quality of service below that meriting a fully honorable discharge. The Applicant asserted no issue of propriety or equity and 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 recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 September 2009 Location: Washington, D.C. 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080018999 ______________________________________________________________________________ Page 1 of 3 pages