Applicant Name:  ?????

Application Receipt Date: 2011/04/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I wanted an upgrade so I could continue my military service and serve my country.  I went to Iraq 2 times and will go again if I had to.  I wanted to finish my time in service and retire one day with honor.  I want to be able to provide for my family and show them there is a better way than how I was shown.  I am currently in college and working on my degree in Computer Networking.  I want to use my G.I. Bill Benefits so I need a honorable also so my children can receive all my benefits I earned and they can use.  I did not receive a fair trial and I think I was judge to quickly and no one seen the real me and what I could and can do for my country.  I never wanted to hurt my career or do anything to get put out the service.  I am not a bad person just had a rough time and needed a second chance.  I will prove that I can keep my military bearing and uphold the warrior ethos and Soldier creed.  Before I god discharged my lawyer told me I would have a hearing while I was in Iraq but I did not.  I had an emergency leave to go on and that is when my commander told me I was not coming back I was going to be home for good so I had no time to fight it and I left the next day.  I served my country with honor and want the chance to do it again.  I lost my E-5 rank and was wrongly put out the service because of a lie and want another chance to prove everyone that I deserve a second chance.  Volunteered to go overseas both times.  Also want my E-5 back.  I was not given equity.  I got put out because of a lie.  If I could not get everything on my discharge upgrade; I want the misconduct taken off and replace with something else.  The misconduct on my DD214 is the real problem.  Also if you could make a decision soon because there is a unit deploying this year in December and I want to join the reserves again and go to Afghanistan with them.  Can you please consider my application and upgrade it cause this was the only wrong thing in my career and it was based on a lie."

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: 101103
Discharge Received: 			   Date: 101218   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 319th Trans Co, 110th CSSB, 224th SB, Iraq APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100909, Wrongfully striking another Soldier in the face (100824), choking another Soldier (100824), and communicating a threat towards another Soldier (100824), reduction to E4; forfeiture of $1,099.00 pay per month for two months (suspended); and extra duty for 45 days.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 100330/OAD    Current ENL Term: 400 Days  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 19 Days ?????
Total Service:  		06 Yrs, 02 Mos, 04 Days ?????
Previous Discharges: 	USAR-041015-050103/NA
                                       ADT-050104-050512/UNC
                                       USAR-050513-070528/NA

                                       OAD-070529-080418/HD
                                       USAR-080419-100329/NA
                                         (Concurrent Service)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Specialist   GT: 104   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (100430-101202), Iraq (Prior period of service 070625-080321)
Decorations/Awards: ICM-w/CS, ARCOM, AGCM, NDSM, GWOTSM, ASR, OSR, AFRM-w/M Device-2

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states: "I am currently in college and working on my degree in Computer Networking."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 November 2010, 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 misconduct—commission of a serious offense for having unlawfully struck another Soldier in the face with his hand (100824) and destruction of government property, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 9 November 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  
       
       The analyst noted that the applicant was aware that if he had 6 years of total active and reserve military service at the time of separation, under Chapter 14, paragraph 14-12c, AR 635-200, he was entitled to have his case considered by an administrative separation board.  The record is void of any request by the applicant showing he requested an administrative separation board.
       
       The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       On 27 November 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "NA." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."

       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; 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 military records during the period of enlistment under review, the issues, and documents 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 his 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 his 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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Commission of a Serious Offense)," and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       The analyst acknowledges the applicant’s prior periods of service to include his in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The applicant's contends he was wrongly put out the service because of a lie, the analyst noted the applicant's contentions; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly discharged.   In fact, the applicant’s Article 15 and numerous negative counseling statements justify serious misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge. 
       
       The analyst noted the applicant's issues about receiving his E5 rank back and removing his Article 15 from his record; however, the corrections the applicant request to be made, do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding these issues.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code as  "NA."  The analyst recommends that block 27, reentry eligibility (RE) code be administratively corrected to "3."  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge, the characterization of service, to include the reentry eligibility (RE) code 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 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, DD Form 149, Document from Official Military Personnel File to include discharge packet (127 pages), and DD Form 214 

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 voted to administratively correct block 27, reentry eligibility (RE) code to "3."  Except for the forgoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: The Board voted to administratively correct block 27, reentry eligibility (RE) code to "3." 
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder











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 AR20110006490
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