PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: General, Under Honorable Conditions
2. Date of discharge (or REFRAD): 001214
3. Authority for separation:
a. Regulation: Chapter 14, Paragraph 14-12c(2), AR 635-200
b. Reason: Misconduct
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
AAM
a. Period entered for: 3 Years ASR
b. Entry date: 990620
c. Age: 21 Years DOB: 780113
d. Educational level: HS Grad
e. Aptitude area score:
GT: 90 3. Highest grade
achieved:
f. Length of Service: E4
1 Year 5 Month(s) 25 Day(s)
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence:
Status Inclusive dates
AWOL 000808-000920
Mil conf
Civil conf
Other
6. Nonjudicial punishment:
Date Offense(s)
001117 AWOL (000808-000920)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: Time lost due to AWOL is not shown on DD Form 214. Lost
time has not been subtracted from total time in service in
block 12c of the DD Form 214.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
RA 970326 990619 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 28 November 2000, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with a general, under honorable
conditions discharge. The unit commander indicated that he was initiating
separation proceedings based on the applicant’s 44-day period of AWOL. He
was advised of his rights. 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 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 a general, under
honorable conditions discharge. On 4 December 2000, the separation
authority waived further rehabilitative efforts and directed that the
applicant be discharged with a characterization of service of general,
under honorable conditions.
b. On 14 December 2000, the applicant was discharged. At the time
of discharge, the applicant had completed 1 year, 5 months, and 25 days of
active military service and accrued 44 days of lost time due to AWOL in the
period under review and had a total of 3 years, 8 months and 19 days of
total military service.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter l4 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, 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.
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 031125.
A-2: Counsel Issues: NONE
B-l: Other Documents: NONE
PART IV - PREHEARING REVIEW (CONTINUED)
SECTION C - Medical and/or Legal Advisory Opinion
Referred to ( ) Medical Advisor ( ) Legal Advisor
a. Medical prehearing comments (if applicable):
b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits
1. Review/hearing information:
a. Type requested:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, D.C. on 18 August
2004.
d. Appearance by:
Applicant ( ) Yes ( X ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( ) Yes ( X ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing:
PART VI - ISSUES AND FINDINGS
1. a. Applicant's issue(s) of propriety and/or equity:
( X ) Same as those listed on DD Form 293 and Part IV, Section A
of this case report and directive.
( ) Revised issue(s) furnished in writing by applicant as
follows:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (2) The characterization of service is too harsh.
b. Request: ( X ) Recharacterization ( ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:
a. Propriety: The applicant has not submitted an issue of
propriety and the ADRB has not otherwise relied upon an
issue of propriety to change the discharge.
b. Equity: The parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(2) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the infraction of discipline, the extent thereof, and the
seriousness of the offense. Although the Board does not condone the
applicant’s misconduct, the Board determined that the applicant had service
of sufficient merit to overcome the discrediting entry in his service
record. In addition, the record contained evidence of mitigating family
problems and the Board found that the characterization of service granted
is now inequitable. Accordingly, the Board voted to grant relief in the
form of an upgrade of characterization of service to fully honorable.
Further evidence of record shows that the separation authority approved the
applicant’s discharge under the provisions of Chapter 14, Paragraph 14-12c,
AR 635-200, by reason of “Misconduct – Commission of a Serious Offense.”
However, someone involved in the discharge process erroneously changed the
narrative reason for separation to Chapter 14, Paragraph 14-12c(2), AR 635-
200, by reason of “Misconduct - Abuse of Illegal Drugs.” The Board
directed an administrative correction of the separation authority on the
applicant’s DD Form 214. This administrative correction includes a change
in the separation code from “JKK” to “JKQ.” This administrative correction
does not entail a change in RE code. The Board found that the approved
reason for discharge was both proper and equitable, and voted not to change
it.
(1) See Paragraph 3, below.
3. Response(s) to item(s) not addressed as decisional issue(s):
Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( X ) Proper.
( ) Improper as to characterization. Change characterization to
.
( ) Improper as to reason. Change reason to
under .
( ) Equitable.
( X ) Inequitable as to characterization. Change characterization to
Honorable.
( ) Inequitable as to reason. Change reason to
under .
( X ) The reason for separation cited was an administrative/clerical
error and should be changed to Misconduct under Chapter 14,
Paragraph 14-12c, AR 635-200.
2. Voting record: Change No Change
Reason 0 5
Characterization 3 2
The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below. The request must contain the CASE NO. located in the upper right
corner of this document.
Department of the Army Review Boards Agency
ATTN: Promulgation Team
1901 South Bell Street, 2nd Floor
Arlington, VA 22202-4508
3. Minority views: NONE
PART VII - BOARD ACTION
SECTION B - Verification and Authentication
Case report reviewed and verified
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 20 August 2004
The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):
( X ) Change characterization of discharge to Honorable.
( X ) Other (see remarks below).
Remarks: Administratively correct DD Form 214 as follows: block 25 to
Read “AR 635-200, Para 14-12c;” and, block 26 to read “JKQ.” This
Administrative correction does not entail a change in RE code.
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
EXHIBITS:
A - Application for review of discharge C - Other
B - Material submitted by applicant
INDEX RECORD:
AR Number: 2003099729 INDEX NUMBERS: A9406
Date of Review: 040818 A9218
Character of Service: GD A9308
Date of Discharge: 001214 A0100
Authority: AR 635-200 C14
Reason: A6730
Results of Board Action/
Vote/Affirmation: HD 3-2 A
PART IX - VOTING RECORD
Name Reason Characterization
CHANGE NC HON UHC NC
UNCHAR
1. Mbr X X
2. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
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