Application Receipt Date: 070910

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: 060215
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: STARC DET 4 (W8AEA4) Roseville, MN  55113

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
DOB:  690828
Current ENL Date: 040905/OAD    Current ENL Term: 04 Months 26 Days  (The
applicant's period of active duty was extended 6 years on (041209)).
Current ENL Service: 01 Yrs, 05Mos, 11Days      
Total Service:  14 Yrs, 01Mos, 09Days      
Previous Discharges: RA-920107-980211/HD
                                      RA-980212-981221/HD
                                      ARNG-981223-990131/NA
                                      OADT-990201-000508/HD
                                      ARNG-000509-020731/NA
                                      OAD-020801-031009/HD
                                      OAD-031010-040904/HD
                                      Concurrent Service
Highest Grade: E6
Performance Ratings Available: Yes    No
MOS: 92A10 (Automated Logistical Sergeant)   GT: 114   EDU: 14 Yrs
Overseas: None   Combat: None
Decorations/Awards: MSM, ARCOM, AAM (2d Award), AGCM (2d Award), NDSM (2d
Award), KCM, GWOTSM, AFRM (w/M Device), NM, NCOPDR, ASR, Parachutist Badge,
Certificate of Appreciation
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Applicant's states he is attending The
College of St. Scholastica and maintaining a 3.0 GPA, and is receiving
weekly counseling at the VA.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances pertaining to the applicant’s
release from the Active Guard/Reserve (AGR) Program are not contained in
the available records.  However, the record does contain a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty), which the applicant was unavailable for signature.  His DD Form 214
indicates that he was discharged under the provisions of Chapter 14, AR 635-
200 by reason of misconduct, with a characterization of service of under
other than honorable conditions.  Furthermore, the DD Form 214 shows a
Separation Code of JKA (i.e., misconduct-pattern of misconduct).  Evidence
of record shows that on 7 February 2006, State of Minnesota, Department of
Military Affairs, Office of the Adjutant General, Veterans Service
Building, Saint Paul, Minnesota 55155-2098, Orders 039-800, released  the
applicant from the Active Guard/Reserve (AGR) Program and assigned him to D
Company (DET 2) 434th MSB (WPU8D2), Camp Ripley Little Falls MN 56345,
effective date:  15 February 2006.

      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, the issue and documents he
submitted, the analyst recommend that relief be denied in this case.  The
specific facts and circumstances leading to the applicant’s release from
the Active Guard/Reserve (AGR) Program are not contained in the available
records.  However, the record does contain a properly constituted DD Form
214 (Certificate of Release or Discharge from Active Duty), which the
applicant was unavailable for 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, Paragraph 12b by reason of misconduct, with a characterization of
service of under other than honorable conditions and a separation code of
JKA.  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 letter and other documents with his
application outlining his successful accomplishments since lease from the
Active Guard/Reserve (AGR) Program.  The applicant is to be commended for
his efforts.  However, these accomplishments do not provide the Board a
basis upon which to grant relief.  In view of the foregoing, the analyst
determined the reason for discharge and the characterization of service
were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 26 October 2007
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          No change         -
Character
                                   Change          No change         -
Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder