Applicant Name: ?????

Application Receipt Date: 070817	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the applicant. 

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: 000403
Discharge Received:     Date: 000419   
Chapter: 14, Sec II    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location: HQ & HQ Company, 7th Infantry Division, Fort Carson, CO 80913-5014 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000311, Failed to obey a lawful order issued by a CPT (000126), reduction to PFC (E-3), forfeiture of $273.00, suspended, to be automatically remitted if not vacated before (000612), extra duty for 14 days and restriction for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  6507  
HOR City, State: ?????
Current ENL Date: 980721    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 8 Mos, 29 Days ?????
Total Service:  2 Yrs, 7 Mos, 8 Days ?????
Previous Discharges: ARNG 970912-970000/NA
                                      ADT    NIF       980000/NA
                                      ARNG 980000-980720/HD (Taken off the DA Form 2-1) 
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 96B10 Intelligence Analyst   GT: 122   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 3 April 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense in that you on or between the dates of 1 Aug 99 and 31 Aug 99 were contacted by Installation Security requesting a RFI concerning a financial debt, and was contacted again on or between the dates of 1 Sep 99 and 30 Sep 99 by ISE requesting another RFI concerning the same debt. On or between the dates of 1 Nov 99 and 31 Nov 99 you were contacted by CCF and informed of their intent for final adjudication, and on or between the dates of 1 Dec 99 and 31 Dec 99 your security clearance was revoked and you were to be removed from your MOS due to your own fault, 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, waived consideration of his case by an administrative separation board 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.  On 10 March 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
      
      The analyst noted on the applicant's DD Form 214, item 26, that the separation (SPD) code is shown as "JKB;" (i.e., misconduct-civil conviction); however, the applicant was notified of his initiation of separation action by reason of misconduct-commission of a serious offense, which has a separation (SPD) code of "JKQ."

      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 an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  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.  Furthermore, the analyst noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst 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: 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 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: 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 AR20070011424
______________________________________________________________________


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