Application Receipt Date: 051228

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See applicant's attached DD Form 293.

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 031230
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location:

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  590905
Current ENL Date: 030216    Current ENL Term: 1 Years       
Current ENL Service: 00 Yrs, 10Mos, 15Days      
Total Service:  23 Yrs, 06Mos, 29Days      
Previous Discharges: USAR-800603-800903/NA
                                       IADT-800904-801217/HD
                                       USAR-801218-860331/NA
                                       USAR-860401-911210/NA
                                       ARNG-911211-920817/HD
                                        USARCG-920818-970818/NA
                                        RA-970819-980428/HD
                                        USAR-980429-000228/NA
                                        USAR-000229-030215/NA
Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 92G20 (Food Service Specialist)   GT: 94   EDU: HS Grad   Overseas:
None   Combat: None
Decorations/Awards: North Altantic Treaty Organization Medal, AFSM, ARCAM,
NDSM, ARSM (with "M" device 2nd award), AFRM, NCOPDR, ASR.
V.  Post-Discharge Activity
Home of Record:
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 specific facts and circumstances
concerning the events that led to his discharge from the Army.  However,
the record shows that on 1 December 2003, DA, US Army Garrison, Aberdeen
Proving Ground, 2201 Aberdeen Boulevard, Aberdeen Proving Ground, Maryland,
Orders 335-0005 discharged the applicant from the Regular Army, effective
date 30 December 2003.  The record contains a properly constituted DD Form
214 (Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant's signature.  His DD Form 214 indicates that
he was discharged under the provisions of Chapter 14, Paragraph-12b, AR 635-
200 by reason of misconduct-pattern of misconduct, with a characterization
of service of general, under honorable conditions and a reeentry
eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation
Code of JKA (i.e., misconduct-pattern of misconduct).

      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,
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.

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s available records for
the period of enlistment under review, the applicant’s record is void of
the specific facts and circumstances concerning the events that led to his
discharge from the Army.  However, the applicant’s record does contain a
properly constituted DD Form 214, which was authenticated by the
applicant's signature.  This document identifies the reason and
characterization of the discharge and Government regularity in the
discharge process is presumed.  That DD Form 214 indicates that the
applicant was discharged under the provisions of Chapter 14, AR 635-200,
paragraph 12b by reason of misconduct-pattern of misconduct, with a
characterization of service of general, under honorable conditions.  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.  Barring evidence to the
contrary, the Board was satisfied that all requirements of law and
regulation were met and the rights of the applicant were fully protected
throughout the separation process.  Therefore, it is recommended to the
Board that the reason for discharge and the characterization of service
were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 061108
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: NA

Witnesses/Observers: NA

Exhibits Submitted: NA



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                      Change     No change    (Character)
                                        Change     No change    (Reason)
                                   (Board member names available upon
request)

IX.  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 not to change it.





















Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


MARY E. SHAW                      DATE: 061113
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder