Application Receipt Date: 060713
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents.
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: 040814
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: 2122nd USA Garrison Fort Lewis, WA 98433
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: 690824
Current ENL Date: 020903/OAD Current ENL Term: NIF Years ?????
Current ENL Service: 01 Yrs, 11 Mos, 12 Days ?????
Total Service: 11 Yrs, 00 Mos, 09 Days ?????
Previous Discharges: ARNG-930805-930905/NA
ADT-930906-931217/UNC
ARNG-931218-961030/GD
ARNG-961031-020902/NA
(Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 102 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, AFRM w/"M" Device, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. However, the record does contain 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, AR 635-200, Paragraph 12b, by reason of misconduct, with a characterization of service of general, under honorable conditions and a reentry eligibility (RE) 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, 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, 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 records for the period of enlistment under review; the issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), 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. Barring evidence to the contrary, 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. Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his 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. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 July 2007
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 0 No change 5 - Character
Change 0 No change 5 - 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 discharge was both proper and equitable, voted to deny relief.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009823
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
AF | DRB | CY2007 | AR20070012600
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct). Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 6 November 2007 Lieutenant...
ARMY | DRB | CY2007 | AR20070012600aC071121
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635- 200 by reason of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct). 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, with a characterization of service of under...
ARMY | DRB | CY2006 | AR20060010640
Facts and Circumstances: Evidence of record shows that on 23 May 2005, the separation authority approved the findings and recommendations of the administartive separation board, and directed that the applicant be seprated from the service with a characterization of service of under other than honorable conditions. 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...
ARMY | DRB | CY2006 | AR20060000124C080324
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. 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. That DD Form 214 indicates that...
ARMY | DRB | CY2006 | AR20060007019
Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) Therefore, it is recommended to the Board that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW...
ARMY | DRB | CY2007 | AR20070014987
Facts and Circumstances: Evidence of record shows that on 23 May 2005, the separation authority approved the findings and recommendations of the administartive separation board, and directed that the applicant be discharged from the service with a characterization of service of under other than honorable conditions. 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...
AF | DRB | CY2006 | AR20060016206
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct). 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, with a characterization of service of...
ARMY | DRB | CY2006 | AR20060010208
Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E....
ARMY | DRB | CY2007 | AR20070011411
Applicant Name: ????? Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2009 | AR20090000450
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates that the applicant was released from active duty under the provisions of...