Applicant Name:  ?????

Application Receipt Date: 2011/10/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states; "Thank you for reviewing my file. I was discharged earlier this year for "misconduct-serious offense," while still incarcerated in a juvenile facility. I've been in juvenile custody since May of 2007, which was approximately 8-9 months after I went AWOL from BCT at Ft. Benning. There are three aspects of my case I would like to point out, because these are the three reasons I should be granted my petition. First, the reason I went AWOL to begin with. I broke training rules by having tobacco in my possession, and when confronted, initially lied about it. I was given an article 15. 

The drill sergeants (not the 1st sergeant or captain) told me that I would be placed in the brig, with the "worst of the worst" and the dregs of the army community. They told me I would be beaten, and raped by "bubba," and all in all abused, because I'd made a pretty immature decision while in training. Being 17 years old and ill prepared for army life (or these lies, which I totally absorbed and believed), I followed the DS’s recommendation and went AWOL. Later, I voluntarily turned myself in after my dad explained that AWOL is a felony. When I returned to the training base, however, the Lieutenant Colonel who reviewed my case said that I was the worst kind of person, and a coward, and not fit for training. Madams/Sirs, I may be young, dumb, and inexperienced, but I am in no way a coward! 

He also told me that the drill sergeants had initiated an entry level separation case against me, and would be prohibiting me from training because I wasn't fit to be a soldier. The drill sergeants from my platoon had an informal "meeting" with me and said that I would be recycled to an RHU unit for 6-8 months as a non-official punishment for being a failure. They told me I was done training. At that point, they didn't allow me to work with the rest of the unit, and I was belittled and scorned by everyone. A few days passed of this treatment, and I was told by another drill sergeant that I should go AWOL again (he laid out the exact route to take and how to avoid detection) and go home to "receive my papers in the mail." He told me that since the paperwork had already been initiated, I would be removed from duty regardless of whether I was present or not. 

I returned home, following his instructions exactly. When I arrived, an officer I knew recognized me and was surprised that I had returned so soon. He ran my name, but there wasn't a warrant. I assumed that the DS was telling the truth, and waited for a discharge to arrive. All in all, including my time on DEP status, I was on active duty a total of 3 or 4 months. 

That is the second reason I am requesting an uncharacterized discharge. I was only on active duty for 3 or 4 months, including my time on DEP status. My DD 214 says I was in for 6 months, 17 days, but those extra months were juvenile custody for a sentence received 4 years earlier. I have papers that say I was "RMC," but in fact, I stayed in civil custody during that entire time.  During my time AWOL and DFR, I made numerous attempts to contact military personnel, first at Ft. Lewis, and then at Ft. Sill and the Army Desertion Information Point, but was told that I didn't have records, or that I wasn't listed as AWOL. Somewhere along the line, my paperwork got lost, and they "forgot" about me. This also supported what the DS had told me about getting discharged in the mail. If they hadn't discharged me, why didn't they look for me? I didn't know better and I thought it was as they had said.

Later, I talked to the people at the GI rights hotline about why I hadn't received my discharge paperwork, and they told me I had a serious issue on my hands. I called in July of 2010, and this time they told me I was listed as a deserter. I told them that I had been in custody of the Youth Authority for something unrelated since early 2007, and they gave me a vague answer about it being my responsibility to "deal with it." A few months later, as I was getting processed for a transfer to a different facility within the system, a detainer popped up on their computers, and the discharge process was initiated. I haven't seen a day of active duty since 2006. 





The DD214 I have says that I served 3 months during 2010 or 2011, but how is this possible? I was in custody of the civil authorities! Besides The third reason I am requesting this upgrade is my age at the time of this whole incident. I was 17 years old, and extremely stupid. The drill sergeants had me under their power and consistently lied to scare me. I was gullible enough to believe them, which was my fault, but I shouldn't be held culpable for the rest of my life because of it. I was not mature enough to serve in the Army, but luckily, I hadn't been in long enough to be considered out of entry level status and hadn't even completed BCT yet.

I already have a criminal record now, too, so changing my military record won't allow me to reenlist, but it will help me to get a job elsewhere in the world. While incarcerated, I earned an Associates degree, completed treatment for my poor behavior, and am motivated to excel in life. I want to be a wildland firefighter, but those jobs require you to work with the federal government. I can't do that without disclosing my poor military history. I work hard every day to make up for my mistakes, but this makes it impossible to do most things in life. An upgrade will help me move on from this series of dumb mistakes and make something of myself.

In summary, I am petitioning for an upgrade to uncharacterized and the reason changed to entry level separation because of my time in service (less than 4 months of real time); my age, inexperience, and complete idiocy at the time of my AWOL incident; and for the harm this will do to my fervent attempts at repairing the damage I caused myself and my country as a teenager.

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: 110314
Discharge Received: 			   Date: 110418   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: ????? 

Time Lost: AWOL x 1 (060725-101215) for 1,604 days.  The applicant was apprehended by the civilian authorities (Oregon Youth Authority) and transferred to Fort Sill, OK.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 060511    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	0 Yrs, 6  Mos, 17  Days ?????
Total Service:  		0 Yrs, 6  Mos, 17  Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 127   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 March 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-5, AR 635-200, by reason of misconduct-civil conviction; in the he was convicted by a Judge in the Circuit Court of the State of Oregon for Multnomah County, on 2 October 2007, for 7 counts of Burglary II, 1 Count of Theft I, and 1 Count of Criminal Mischief and was sentenced to a term of 78 months.  The unit commander recommended separation with an under other than honorable conditions discharge. 
       
       He was advised of his rights.  On 4 March 2011, the applicant waived his right to consult with legal counsel and to appear before an administrative separation board and stated that he was not appealing his conviction by the civilian authorities.  The applicant did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 4 April 2011, the Staff Judge Advocate reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 4 April 2011, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service under other than honorable conditions. 

       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 military records, and the issue 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 analyst noted the applicant's issue that being 17 years old and ill prepared for army life and the lies, which he totally absorbed and believed, that was told to him, he followed the DS’s recommendation and went AWOL.  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Additionally, the analyst found no evidence of arbitrary or capricious actions by the command.  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 further contends that he is requesting an uncharacterized discharge because he was only on active duty for 3 or 4 months, including his time in the Delayed Entry Program; his DD Form 214 indicates he was in for 6 months, 17 days, but those extra months he was in juvenile custody for a sentence received 4 years earlier.  Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 
       
       Because of the civilian conviction, which constituted an act of serious misconduct the applicant diminished the quality of service below that meriting an uncharacterized discharge.  Further, the separation authority determined the specific offenses warranted separation under the provisions of Chapter 14-5, AR 635-200, by reason of misconduct-civil conviction. 
       
       The applicant further contends that while he was incarcerated, he earned an Associates Degree, completed treatment for his poor behavior, and motivated to excel in life by being a wildland firefighter.  The analyst congratulates the applicant on his scholastic achievements since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The applicant requests that the narrative reason for his discharge be changed; however, the applicant was discharged under the provisions of Chapter 14, paragraph 14-5, AR 635-200 in effect at the time, by reason of misconduct-civil conviction with an under other than honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct-Civil Conviction” and the separation code is "JKB," with a reentry eligibility (RE) code 3. 
       
       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. 
       
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c,” block 26 as separation code “JKQ,” block 27, re-entry code as “3,” and block 28, narrative reason for separation as “Misconduct (Serious Offense)” 
       
       In view of the foregoing, the analyst determined the narrative reason for the discharge is inequitable and recommends to the Board that block 25, be changed to read separation authority: “AR 635-200, Chapter 14, paragraph 14-5,” block 26, separation code to read "JKB," block 27, reentry code to read “3,” and block 28, reason for separation to read “Misconduct (Civil Conviction)”  as it was approved by the separation authority.  
       
       Except for the foregoing modifications, as stated above, 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: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 11 October 2011.








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 characterization of the discharge was both proper and equitable and voted to deny relief.  However, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-5 discharge).  The Board voted to correct block 25, to read separation authority to read “AR 635-200, Chapter 14, paragraph 14-5,” block 26, separation code to read "JKB," block 27, reentry code to read “3,” and block 28, reason for separation to read “Misconduct (Civil Conviction),”  as it was approved by the separation authority.   
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Civil Conviction) under the provisions of AR 635-200, Chapter 14, paragraph 14-5,” with a corresponding separation (SPD) code "JKB."
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110020579
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