Applicant Name: ?????

Application Receipt Date: 070813	

Prior Review    Prior Review Date: None

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

Issues: The Applicant in fact states:  "I am requesting my discharge be upgraded from General "under honorable conditions to Honorable. I believe I was treated unfairly during my discharge. I had been married for quiet a few years to my high school sweet heart; she unfortunately couldn’t handle Army lifestyle. She moved back to Washington State where we were both from with our new born daughter. She divorced me and we were going through a terrible custody battle, I made some bad choices like missed formations. I think it's important for the board to know that I was not barred to re-enlist and actually ended up being discharged on my ETS date. I think that this was imposed on me because I didn’t re-enlist. Had I re-enlisted I would have received most likely a company article 15 and sent on my way. I think it is also important for the board to know that I earned my air assault wings on Active duty and never scored less than a 300 on my PT test. I believe I should have received a counseling statement at most for this. Since Active Army duty I have almost finished my associate’s degree, have been in the Army National Guard for two years now and did one tour with them and just extended for another tour. After this tour is over I plan to finish 20 years as a recruiter. The army has taught me so much and has given me the ability to attain a degree. I want to be able to give that to people. I am desperately asking that my Misconduct and General Discharge be upgraded. I think the main reason my discharge should be upgraded is because of the circumstances surrounding my discharge and the fact that I was treated unfairly, again I wasn’t barred from re-enlistment and I was discharged on the date of my ETS, for family problems. Please let me know that you have received this."

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: 040310   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct 
RE:     SPD: JKA
Unit/Location: HHC, 10th Avn Bde, Fort Drum, NY 

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
Year/Month:  7903  
HOR City, State: Spokane, WA
Current ENL Date: 010531    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 09Mos, 10Days ?????
Total Service:  02 Yrs, 09Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Spec   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: The Applicant rejoined the Washington State National Guard since being discharged from active duty.  In addition he has enrolled in community college and is close to receiving his associates degree.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. 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 12b(1) 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., misconduct).  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, 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, however, a general 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 issue and the supporting documentation he submitted, 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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 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: 080905              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: None




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

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Proper	 	Improper	
						Equitable	 	Inequitable	

DRB voting record:  		      Change 2    No change 3   - 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.






















								        
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: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 080905
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011284
______________________________________________________________________


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