Application Receipt Date: 051123
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: 990519
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: 565th Support Company, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 770222
Current ENL Date: 980429 Current ENL Term: 04 Years ?????
Current ENL Service: 01 Yrs, 00Mos, 21Days ?????
Total Service: 01 Yrs, 00Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 92A10 (Automated Logistical Specialist) GT: 101 EDU: NIF Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Applicant states that after she was discharge she enrolled in college majoring in criminal justice and working at a state correctional facility. She served in the Texas Army National Guard from 20 November 2001 through 1 April 2003 receiving a honorable discharge, and that she enlisted in the Regular Army on 2 April 2003 and is currently on active duty as a noncommissioned officer.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. However, the record shows that on 6 May 1999, DA, HQ, III Corps and Fort Hood, Fort Hood, Texas, Orders 126-0212 discharged the applicant from the Regular Army, effective date 19 May 1999. 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. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 14, Paragraph-12c, AR 635-200 by reason of misconduct-commission of a serious offense, 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 JKQ (i.e., misconduct-commission of a serious offense).
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 applicants available military records, the issue she submitted and her supporting documentation, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. This evidence supports a conclusion that the applicant's characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst determined that the applicant's post service accomplishments (served in the Texas Army National Guard from 20 November 2001 through 1 April 2003 receiving a honorable discharge, and currently serving on active duty), mitigated the discrediting entries in her service record. However, the analyst determined that the reason for discharge was fully supported by the record.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 061025
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the applicant's discharge is now inequitable based on her post service accomplishments. Accordingly, the Board voted to upgrade the discharge to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to 1.
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: Secretarial Authority under Chapter 5, AR 635-200.
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:
ESMERALDA G. PROCTOR DATE: 061027
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008787
Applicant Name: Ms.
______________________________________________________________________
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