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