Applicant Name: ?????
Application Receipt Date: 070817
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 propriety 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: 030207
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: A Battery 1/79th Field Artillery Battalion, Fort Sill, OK 73503.
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7709
HOR City, State: ?????
Current ENL Date: Reenl/020107 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 1 Mos, 1 Days ?????
Total Service: 6 Yrs, 9 Mos, 20 Days ?????
Previous Discharges: ARNG 960418-970327/NA
ADT 970328-970717/Unchar
ARNG 970718-990524/HD
RA 990525-020106/HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 71L10 Administrative Spec GT: 95 EDU: GED Certif Overseas: None Combat: None
Decorations/Awards: AAM, GCMDL (3), NDSM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
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 his discharge from the Army. 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 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions and a reentry eligibility code of 3. Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance.)
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records for the period of enlistment under review, the analyst found no mitigating factors 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 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 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance.) By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the unsatisfactory performance. 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. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service 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: 20 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 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 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: 28 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070011400
______________________________________________________________________
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