Applicant Name: ????? Application Receipt Date: 2009/12/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, "I was discharged due to minor disciplinary infractions. Those infraction consisted of being in a vehicle with an open container while being under age and having a body piercing. Although these incidents are against military laws and regulations, I do not feel they were logical grounds for a military discharge. I have excepted the consequences for my actions, but now that is has been about three years since my discharge I would like for my status to be upgraded." 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: 061220 Discharge Received: Date: 070112 Chapter: 14-12a AR: 635-200 Reason: Misconduct (Minor Infractions) RE: SPD: JKN Unit/Location: Maintenance Troop, Regimental Support Squadron, 2nd Stryker Cavalry Regiment, APO, AE Germany Time Lost: None Article 15s (Charges/Dates/Punishment): 061117, disobeyed a lawful command from CPT, her superior commissioned officer on or about (060901), forfeiture of $297.00 pay, extra duty and restriction for 14 days (CG) Article 15, 060622, failed to go to her appointed place of duty on or about (060525), with intent to deceive, made an official statement to a SSG, which was false on or about (060525), broke restriction on or about (060525), forfeiture of $297.00 pay, suspended, to be automatically remitted if not vacated before (061122), extra duty and restriction for 14 days, to be automatically remitted if not vacated before (061122) (CG) Article 15, violated a lawful general regulation by wrongfully consuming alcoholic beverages under the age of 21 on or about (060416), reduction to Private (E-1), forfeiture of $636.00 pay per month for two months, extra duty and restriction for 30 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 050714 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 5 Mos, 29 Days ????? Total Service: 1 Yrs, 5 Mos, 29 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 92A10 Automated Logistical GT: 97 EDU: HS Grad Overseas: Germany (060711-070112) Combat: None Decorations/Awards: NDSM, GWOTSM, ASR 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 20 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that she consumed alcohol while under age, failed to be at her appointed place of duty, made a false official statement, broke restriction, and disobeyed a lawful command, with a general, under honorable conditions discharge. She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 a general, under honorable conditions discharge. On 20 December 2006, 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 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 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 her 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 her 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 she was discharged due to minor disciplinary infractions, which consisted of being in a vehicle with an open container while being under age and having a body piercing. She feels that they were not logical grounds for a military discharge. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. 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. Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12a,” block 26 as separation code “JKN,” and block 28, narrative reason for separation as “Misconduct (Minor Infractions).” In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority: “AR 635-200, paragraph 14-12b,” block 26, separation code to read "JKA," and block 28, reason for separation to read “Pattern of Misconduct” as it was approved by the separation authority. Except for the foregoing modification to the applicant's separation authority, separation code and the narrative reason for separation, 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: 24 September 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application dated 10 November 2009. 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. Further, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12a”, block 26 separation code as “JKN”, and block 28, narrative reason for separation as "Misconduct (Minor Infractions)." In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12b”, block 26, separation code to “JKA”, and block 28, narrative reason for separation to "Pattern of Misconduct" as approved by the separation authority. 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: 'Pattern of Misconduct" under the provisions of AR 635-200, paragraph 14-12b, with a corresponding Separation Code of "JKA" 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 AR20090021942 ______________________________________________________________________________ Page 1 of 3 pages