Applicant Name: ????? Application Receipt Date: 2011/06/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he has overcome the difficulties he was experiencing with various family issues at the time and is now ready to serve his country. He was young and naïve but has learned a lot since he was discharged from the Army. 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: 100920 Discharge Received: Date: 101021 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Rear Det, 1-3 IN Rgt, Fort Stewart, GA Time Lost: 164 days, AWOL two times: 94 days (091024-100125) and again for 70 days (100308-100516), mode of return is unknown for both instances of AWOL. Article 15s (Charges/Dates/Punishment): 100304, AWOL (091024-100126), reduction to E-1, forfeiture of $723 for two months, 45 days of extra duty and restriction (FG) 100712, AWOL (100308-100517), reduction to E-1, forfeiture of $723.00 for two months, 45 days of extra duty and restriction (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 090121 Current ENL Term: 6 Years 16 weeks Current ENL Service: 01 Yrs, 03Mos, 20Days ????? Total Service: 01 Yrs, 03Mos, 20Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 12B10/Cbt Engr GT: 105 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 September 2010, 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—commission of a serious offense for being AWOL on two occasions (091024-100126 and again 100308-100517), with a general, under honorable conditions discharge. He was advised of his rights. On 23 September 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed elimination action and recommended approval with a general, under honorable conditions discharge. On 4 October 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 all the applicant’s military records, and the issued and documents 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 serious 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 applicant contends that he was young and naïve, that at the time he had some family issues that needed to be resolved, and would like an upgrade of his discharge in order to rejoin the Service. However, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Further, while the applicant may believe his stress at home and work caused by his family issues was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Therefore, 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 April 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: None VIII. 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 both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110012068 ______________________________________________________________________________ Page 1 of 3 pages