Applicant Name: ????? Application Receipt Date: 2010/07/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The appplicant states, in effect, that he is requesting an upgrade due to the fact that he had the number of years of honorable service, time in Iraq and the fact that, this was the only trouble he had gotten in. He went AWOL due to family problems and his unit would not help him. He turned himself in as soon as he got those problems situated. 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: 070307 Discharge Received: Date: 070323 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ & HQ Troops, 1st Squadron, 73rd Cavalry Regiment (Airborne) (Reconnaissance), 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC Time Lost: AWOL x 3 from (060606-060608), (060628-060908), (070117-070118) for 73 days, the applicant returned to his unit from each period of AWOL. Military confinement from (070221-070304) for 14 days. Total time lost was 84 days. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 070221, Summary Court-Martial for AWOL x 3 from (060606-060608), (060628-060908), (070117-070118). The applicant was sentenced to reduction to Private (E-1), forfeiture of $867.00 pay and confinement for 15 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: Reenl/050207 Current ENL Term: 6 Years ????? Current ENL Service: 1 Yrs, 10 Mos, 19 Days ????? Total Service: 4 Yrs, 6 Mos, 13 Days ????? Previous Discharges: RA 020614-050206/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: 121 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (050207-NIF) Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTSM, V. Post-Discharge Activity City, State: ????? 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 7 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he went AWOL from (060606-060608) (060628-060928), (070117-070118), with an under other than honorable conditions discharge. He was advised of his rights. On 7 March 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally, 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 an under other than honorable conditions discharge. On 9 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 all the applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that 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 the 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. The analyst noted the applicant's issue that he went AWOL due to family problems and his unit would not help him. He turned himself in as soon as he got those problems situated. Specifically, he claims his family issues at home impaired his ability to serve, which resulted in his discharge. While the applicant may believe his family problems at home were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Further, 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. The applicant further contends that his AWOL was the only trouble he had gotten into while on active duty. Even though the applicant feels that this was a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 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: 27 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 25 June 2010. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100019058 ______________________________________________________________________________ Page 1 of 3 pages