Applicant Name: ????? Application Receipt Date: 2008/11/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documentation 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: NIF Discharge Received: Date: 990305 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: 184th OD BN, Fort McPherson, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 961105 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 04 Mos, 00 Days ????? Total Service: 07 Yrs, 02 Mos, 13 Days ????? Previous Discharges: RA 940224-962204/HD IADT 930924-931106/UNC Highest Grade: E4 Performance Ratings Available: Yes No MOS: 71L Admin Spec GT: 102 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ARCOM, AAM, AGCM, ASR V. Post-Discharge Activity City, State: Monroe, GA Post Service Accomplishments: None submitted by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances pertaining to the Applicant’s discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the Applicant. The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense). 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 available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant’s discharge. The Applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army. However, the Applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the Applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. 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 found no evidence of arbitrary or capricious actions by the command. The analyst noted the Applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, the Applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)", and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Lastly, te record does not support the Applicant’s contention that his discharge was the result of any medical condition. 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: 26 August 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 AR20080018584 ______________________________________________________________________________ Page 1 of 3 pages