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 states, in effect, that he was told that with in a year after his discharge, that he would be upgraded to an honorable discharge.

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: 031220   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location: HQ & HQ Detachment-1, 115th MP Battalion, Aberdeen Proving Ground, MD 21005-5001. 

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:  8006  
HOR City, State: Church Hill, MD 21623-0000
Current ENL Date: IADT/030210    Current ENL Term: NIF Years  ?????
Current ENL Service: 0 Yrs, 10 Mos, 11 Days ?????
Total Service:  4 Yrs, 10 Mos, 10 Days ?????
Previous Discharges: ARNG 990311-990505/NA
                                      IADT   990506-990928/Unchar
                                     ARNG 990929-011102/NA
                                     IADT   011103-020917/HD
                                     ARNG 020918-030209/NA
                                          (Concurrent Service)
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91W10 Nuclear Med Specialist   GT: NIF   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraqi (See Orders 050-056 MD-STARC-ARP, it appears to be a discrepancy in the dates on the Order when he served, and the dates on the applicant's DD Form 214 item 12a Record of Service when he was Order to IADT, which is not in the available record).  
Decorations/Awards: NDSM, ARCAM, AFRMw/M Device, MDSADM, ASR, CMB

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to a 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 14, AR 635-200, by reason of misconduct-civil conviction with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKB (i.e., misconduct-civil conviction) with no reentry eligibility (RE) code.  
      
      The record contains a Line of Duty (LOD) Investigative Report dated 21 July 2000.  

      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 available records for the period of enlistment under review, and the issue 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.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Section II by reason of misconduct-civil conviction, with a characterization of service of general, under honorable conditions.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty 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.  Furthermore, the analyst noted the applicant’s issue; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in discharge.  In view of the foregoing, the analyst determined that 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: 16 July 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 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: 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: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011403
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