Application Receipt Date: 070910 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. 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: NIF Discharge Received: Date: 060215 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: STARC DET 4 (W8AEA4) Roseville, MN 55113 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 040905/OAD Current ENL Term: 04 Months 26 Days (The applicant's period of active duty was extended 6 years on (041209)). Current ENL Service: 01 Yrs, 05Mos, 11Days ????? Total Service: 14 Yrs, 01Mos, 09Days ????? Previous Discharges: RA-920107-980211/HD RA-980212-981221/HD ARNG-981223-990131/NA OADT-990201-000508/HD ARNG-000509-020731/NA OAD-020801-031009/HD OAD-031010-040904/HD Concurrent Service Highest Grade: E6 Performance Ratings Available: Yes No MOS: 92A10 (Automated Logistical Sergeant) GT: 114 EDU: 14 Yrs Overseas: None Combat: None Decorations/Awards: MSM, ARCOM, AAM (2d Award), AGCM (2d Award), NDSM (2d Award), KCM, GWOTSM, AFRM (w/M Device), NM, NCOPDR, ASR, Parachutist Badge, Certificate of Appreciation V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant's states he is attending The College of St. Scholastica and maintaining a 3.0 GPA, and is receiving weekly counseling at the VA. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant’s release from the Active Guard/Reserve (AGR) Program are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct). Evidence of record shows that on 7 February 2006, State of Minnesota, Department of Military Affairs, Office of the Adjutant General, Veterans Service Building, Saint Paul, Minnesota 55155-2098, Orders 039-800, released the applicant from the Active Guard/Reserve (AGR) Program and assigned him to D Company (DET 2) 434th MSB (WPU8D2), Camp Ripley Little Falls MN 56345, effective date: 15 February 2006. 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, 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 available records for the period of enlistment under review, the issue and documents he submitted, the analyst recommend that relief be denied in this case. The specific facts and circumstances leading to the applicant’s release from the Active Guard/Reserve (AGR) Program are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12b by reason of misconduct, with a characterization of service of under other than honorable conditions and a separation code of JKA. Barring evidence to the contrary, 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. Furthermore, the analyst noted the applicant’s letter and other documents with his application outlining his successful accomplishments since release from the Active Guard/Reserve (AGR) Program. The applicant is to be commended for his efforts. However, these accomplishments do not provide the Board a basis upon which to grant relief. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 31 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 2 No change 3 - Character Change 0 No change 5 - 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. Case report reviewed and verified by: , Examiner X. Board Action Directed No Change 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 and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 6 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE