Application Receipt Date: 061103
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293
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: 050113
Chapter: 14-12c / 8-26e AR: 635-200 / NGR 600-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: B Battery, 1-128th FA, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 800517
Current ENL Date: 020110 Current ENL Term: 8 Years
Current ENL Service: 03 Yrs, 00 Mos, 04 Days
Total Service: 03 Yrs, 00 Mos, 04 Days
Previous Discharges: RA 020408-020810/ HD
Highest Grade: NIF / Applicant claims to have achieved the grade of E4 however, all records only reflect E1.
Performance Ratings Available: Yes No
MOS: 13E10 Cannon Fire Direction Spec GT: NIF EDU: NIF Overseas: None Combat: None
Decorations/Awards: ASR / NDSM / GWOT / AFRM w/M Dev / MO BTSR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 5 April 2005, Orders 092-001, HQ, Missouri Army National Guard, Joint Force HQ, Jefferson City, MO discharged the applicant from the Missouri Army National Guard and as a Reserve of the Army, effective date: 13 January 2005. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) 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 JKQ (i.e., misconduct- serious offense). The specific facts and circumstances leading to the applicant's discharge are not contained in the available records.
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 independent evidence he submitted, the analyst determined that the applicant's available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to his 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. That 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 under other than 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. 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: 18 December 2007
Location: Washington D.C.
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 0 No change 5 - 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: Edgar Yanger, 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:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060015486
Applicant Name: Mr.
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2006 | AR20060016047
Facts, Circumstances, and Legal Basis for Separation a. That 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 2 November...
ARMY | DRB | CY2006 | AR20060013360
Facts, Circumstances, and Legal Basis for Separation a. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e. misconduct - commission of a serious offense). That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2007 | AR20070016589
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of general, under honorable conditions. That 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. Certification Signature...
ARMY | DRB | CY2006 | AR20060006803
Facts, Circumstances, and Legal Basis for Separation a. That 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070308 Lieutenant Colonel,...
ARMY | DRB | CY2006 | AR20060011459
Current ENL Service: 03 Yrs, 03 Mos, 20 Days ????? His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph-12c, AR 635-200 by reason of misconduct-commission of a serious offense, with a characterization of service of under other than honorable conditions and a reentry eligibility (RE) code of" 3." That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of...
ARMY | DRB | CY2006 | AR20060008517
Current ENL Service: 01 Yrs, 04 Mos, 02 Days ????? That 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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
ARMY | DRB | CY2007 | AR20070010457
Applicant Name: ????? Applicant states he was not convicted of a civilian conviction, which was dismissed, but was discharged from active duty two days prior to civlian action. The Applicant's DD Form 214 indicates that he 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.
ARMY | BCMR | CY2012 | AR20120001761
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that 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 misconductcommission of a serious offense for wrongfully using spice, with a general, under honorable conditions discharge. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E....
ARMY | DRB | CY2006 | AR20060008787
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. Accordingly, the Board voted to upgrade the discharge to fully honorable and a change to the narrative reason for separation to Secretarial Authority. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 061027 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE...
ARMY | DRB | CY2006 | AR20060011685
Facts and Circumstances: The evidence of record shows that on 3 May 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (on numerous occasions, without authority, wrongfully used cocaine), with a general, under honorable conditions discharge. The applicant's election of rights, the unit and intermediate commander's recommendation for separation from the...