Application Receipt Date: 06/09/20	

Prior Review    Prior Review Date: None

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

Issues: The applicant submitted no issues of equity or propriority to be considered by the board.  

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: 06/03/11   
Chapter: 14    AR: 635-200, 14-12C
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 1863D Transportation Company, TRK FWD 2 FC FT POLK, LA 71459-0000  

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  80/10/06  
Current ENL Date: 05/01/31    Current ENL Term: ? Years  547 days
Current ENL Service: 01 Yrs, 01Mos, 11Days ?????
Total Service:  2 Yrs, 11Mos, 02Days ?????
Previous Discharges: RA-01/10/04 to 02/01/30 UNC; 
                                      ARNG - 03/08/07 to 04/03/29 / NA 
                                      ARNG - 04/03/30 to 04/07/23  / HD
                                      ARNG - 04/07/24 to 05/01/30 / NA 
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 31B10   GT: 101   EDU: GED Cert   Overseas: NIF   Combat: NIF
Decorations/Awards: Army Achievement Medal, National Defense Service Medical , Global War On Terrorism Service Medical, Army Service Ribbon, Armed Forces Service Medal w/ Device. 
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 applicant's discharge are not contained in the available records.  However, the record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14 -12c(1) by reason of misconduct, with a serious offense with the characterization of service of under honorable conditions (General).  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e. misconduct - commission of a serious offense).  The evidence of record further shows that on 7 March 2006, Orders 066-0331,  DA, HQ, Joint Readiness Training Center & Fort Polk, Fort Polk Louisiana, discharged the applicant from the National Guard, effective date: 11 March 2006.  
      
      
      The evidence of record shows that on 07 March 2006, Orders 066-0331,  DA, HQ, Joint Readiness Training Center & Fort Polk, Fort Polk Louisiana, discharged the applicant from the National Guard, effective date: 11 March 2006.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14 -12c(1) by reason of misconduct, with a serious offense with the characterization of service of under honorable conditions (General).  Furthermore, the DD Form 214 shows a Separation Code of JKQ.  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records

      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, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 military records, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  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 (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 the analyst presumed Government Regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, 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.  Therefore, 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: 17 October 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 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 to deny relief. 

Case report reviewed and verified by: Earl Silver, 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: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 19 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013360

Applicant Name:  Mr.       
______________________________________________________________________


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