BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008770
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his narrative reason for separation be changed to "Medical."
2. The applicant states that his narrative reason for separation is incorrect because he had medical problems while serving in Operation Iraqi Freedom. He contends that he was an E-4, not an E-5 or above. He also contends that he never failed any drug test given to him.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army (RA), the applicant enlisted in the Army National Guard (ARNG) on 12 May 2004. He was ordered to active duty on 21 January 2005 in support of Operation Iraqi Freedom.
2. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
17 June 2006 shows he was honorably discharged on 17 June 2006 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct -
commission of a serious offense. He had served 1 year, 4 months, and 27 days of net active service this period and a total of 3 years, 1 month, and 13 days of creditable active service.
3. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C." Item
26 (Separation Code) of his DD Form 214 shows the entry, "JKQ." Item
28 (Narrative Reason for Separation) of his DD Form 214 shows the entry, "MISCONDUCT, (SERIOUS OFFENSE)."
4. There is no evidence of record which shows the applicant was diagnosed with any medical condition prior to his discharge.
5. 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, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldiers overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation states the reason for discharge based on separation code "JKQ" is "Misconduct (Serious Offense)" and the regulatory authority is Army Regulation 635-200, paragraph 14-12c.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he had medical problems while serving in Operation Iraqi Freedom, there is no medical evidence of record, and the applicant provided no evidence, to support this contention.
2. In the absence of evidence to the contrary, it must be presumed that the applicants narrative reason for separation was administratively correct and in
conformance with applicable regulations at the time of his separation. As a result, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ __x______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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