Applicant Name:  ?????

Application Receipt Date: 2011/02/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He also requests a new DD Form 214, showing his first period of honorable service.  The applicant submitted no issues of equity or propriety to be considered by the Board.  

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 960426   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: HHC, 4-12th IN Bn, APO AE 09034   

Time Lost: AWOL for 26 days (950826-950921), mode of return unknown. 

Article 15s (Charges/Dates/Punishment): 951106, without authority, absented himself fom his unit (AWOL) (950826-950921); and being disrespectful in language toward a noncommissioned officer (SSG) 951005); reduction to E-4, forfeiture of $636 pay x 2 months, extra duty for 30 days, and restriction for 30 days, (FG).

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 940303    Current ENL Term: 03 Years  00
Current ENL Service: 	02  Yrs, 00 Mos, 29 Days ?????
Total Service:  		05  Yrs, 07 Mos, 11 Days ?????
Previous Discharges: 	RA-900820-940302/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11M10 Fighting Vehicle Infantryman   GT: 117   EDU: HS Grad   Overseas: Germay/Southwest Asia   Combat: Saudi Arabia (901227-910504)
Decorations/Awards: AAM, AGCM, NDSM, SWASM-3/BSS, NCOPDR, ASR, OSR, KLM-SA, KLM-KU, CIB

V.  Post-Discharge Activity
City, State:  Austin, TX 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the 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.  
       
       The DD Form 214, indicates the applicant was discharged under the provisions of Chapter 14, paragraph    14-12c(1), 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 JKD (i.e., misconduct- awol) with a reentry eligibility (RE) code of "3."  
       On 10 April 1996, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank.  

       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 all the applicant’s available military records during the period of enlistment and the documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The record is void of the complete facts and circumstances concerning the events that led to the applicant'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 the applicant was discharged under the provisions of Chapter 14, paragraph      14-12c (1), AR 635-200, by reason of misconduct, 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. 
       
       The applicant requested a new DD Form 214, showing his first period of honorable service.  The applicant initially enlisted in the Regular Army (RA) 20 August 1990 and he was discharged on 2 March 1994 for the purpose of immediate reenlistment.  He reenlisted on 3 March 1994, and regulations in effect at the time did not authorize the issue of a separate DD Form 214.     
       
       Further, Chapter 2,  AR 635-5 (Separation Documents), establishes the standardized policy for preparing and distributing the DD Form 214.  Effective 1 October 1979, military personnel who were discharged for the purpose immediate reenlistment were no longer issued a separate DD Form 214.
       
       The applicant submitted no issues of equity or propriety to be considered by the Board.  
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the DD Form 214, 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: 23 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Texas Veterans Commission
                 Attn:  Mr. Victor Planco, IV
                 2901 Montopolis Drive Room 108
                 Austin, TX 78741

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, dated (110125); DD Form 149, dated (110509);  Honorable Discharge Certificate, dated (940202); DA Form 4/1 (Enlistment/Reenlistment Document), dated (940203); AGCM Citation, dated (930819); AAM Citation, dated (950118); Texas Veterans Commission, dated (110201); and a DD Form 214, dated (960426). 

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None














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 AR20110003277
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