Applicant Name: ?????

Application Receipt Date: 070816	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he received an Article 15 and was discharged (Honorable) for misconduct (adultery). Part of the discharged sheet is that he was barred from entering Fort Lewis/Madigan Army medical Center. He then moved on and forgot that chapter of his life. He is now currently employed as a civilian employee with the US Air Force at McChord AFB, WA. As you know, Fort Lewis and McChord AFB will soon become as Joint Base. His dillemma is he will soon not be able to gain access to his job once the two bases become one. Please expunge or update the "reason for Separation" block (misconduct) or whichever you deemed appropriate on his DD 214 so that he could bring a copy to the appropriate agency to Fort Lewis in order to remove him from barred status. Thank you very much and god bless.

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: 990928
Discharge Received:     Date: 991118   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HQ & HQ Detachment, 22nd Military Police Battalion, Fort Lewis, WA 98433-0009. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 981015, On divers occasions, wrongfully have sexual intercourse with a married woman not his wife, between on or about (940800-980911), reduction to Sergeant (E5), suspended, to be automatically remitted if not vacated before (990414), forfeiture of $250.00 pay per month for two months and extra duty for 30 days (FG). 

2nd Article 15; 990625, On divers occasions, willfully disobey a lawful command issued by a LTC, between on or about (981000-990622), reduction to the grade of Sergeant (E-5), forfeiture of $995.00 pay per month for two months, extra duty for 45 days, restriction for 45 days, and an oral reprimand (FG).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  6208  
HOR City, State: ?????
Current ENL Date: 960910    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 2 Mos, 9 Days ?????
Total Service:  11 Yrs, 0 Mos, 11 Days ?????
Previous Discharges: RA 881108-920730/HD
                                      RA 920731-931130/HD
                                      RA 931201-950502/HD
                                      RA 950503-960909/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 95D20 CID Special Agent/19K20 M1 Armor Crewmember   GT: 113   EDU: AA Degree   Overseas: Germany (900928-940727), Saudi Arabia (910215-910410), Korea (970423-980419), Southwest Asia   Combat: Kuwait (910215-910410 (Prior Service)
Decorations/Awards: ARCOM, AAM (9), NDSM, SWASMDLw/1 BSS, SWASMDL, NCOPDR (2), GCMDL (2), KLMDL (1), ASR, OSR (2)

V.  Post-Discharge Activity
Post Service Accomplishments: See enclosed DD Form 293 submitted by the applicant. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 14 September 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct in that you received punishment under Article 15, UCMJ on 15 October 1998 for adultery and on 25 June 1999 for failing to obey a lawful order, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable discharge and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 29 October 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.  
      
      The record contains an approved Bar to reenlistment dated 2 August 1999. 

      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 applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for separation.  The applicant was discharged under the provisions of Chapter 14, AR 635-200 paragraph 14-12b, by reason of misconduct-pattern of misconduct with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct-Pattern of Misconduct", and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the DD Form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Furthermore, the analyst noted the applicant's issue, and the applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  Additionally, the issue of "access to the post" does not fall within the purview of this Board.  The applicant may apply to the Commander, 1st Military Police Brigade, Fort Lewis, WA 98433 requesting entry for limited purposes.  In view of the foregoing, the analyst determined that the narrative reason for separation was both proper and equitable and recommends to the Board to deny relief.  
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 13 August 2008              
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 0   - 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 narrative reason for 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: 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: 22 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011393
______________________________________________________________________


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