Applicant Name: ?????

Application Receipt Date: 071004	

Prior Review    Prior Review Date: None

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

Issues: The Applicant in fact states.  "Six and a half years ago I got out of the army at Ft. Hood. I was an MP SPC. At the time I was married and had a young son. While in the army I made several errors in judgment. All were personal. I had a wife that would leave me at Ft. Hood and go back to Florida with our son. When she would move back she would start a new relationship. Being young as I was I was more worried about that woman at that time then my future. I made several attempts to get out of the army. Finally after 3 years and 10 months I was discharged with a General discharge under honorable conditions.  I never received any disciplinary actions. I was never given an article 15 or ordered to perform extra duty. Overall I believe that I was a good soldier who made unwise choices in my home life.  Recently my new wife and I decided that I would re-enlist. I had always loved the army, had been raised with a military dad, and wanted to be involved in all that the army was doing. We thought that this would be a good opportunity and way to raise our young family. My wife Kelli and I have two sons, Bryson, 7 years and Troupe, 3 months. Kelli is a native of central Texas. Before seeing a recruiter I decided to get out my old DD214 and look at the codes. I found out that my DD214 said I was in-eligible to return to the military. After speaking to a recruiter I found out that the code for my reason for discharge said personality disorder, not suited for army life. This was a big let down for me. I really would like the opportunity to serve my country. Six and a half years ago I was a lot younger and unstable. Now I have a stable life with a wonderful family who not only supports me returning to active duty but encourages it.  My former spouse is no longer in my life. Two years ago she performed a paternity test and I was told the son I got out of the army to follow is not my son. I would ask for any assistance you can give me in getting my records  changed so that I may re-enlist with the army. I would like my discharge changed to Honorable and my separation and reentry codes changed so that I am able to re-enlist. During this time of a shortage of troops I believe that my enthusiasm would be a great asset to our military. I am sorry for the mistakes I made as a young man. I ask that the army let me change my life and return to its service."

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: 010117   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: 410th MP Co, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7610  
HOR City, State: Palm Harbor, FL
Current ENL Date: 970320    Current ENL Term: 4 Years  ?????
Current ENL Service: 03 Yrs, 09Mos, 28Days ?????
Total Service:  03 Yrs, 09Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 95B10 Military Police   GT: NIF   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:
      The evidence of record shows that on 08 January 2001, Orders 008-0220, DA, Headquarters, III Corps and Fort Hood, Texas, discharged the applicant from the Regular Army, effective date: 17 January 2001.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug use).  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  

      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, however, a general 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 independent evidence he submitted, the analyst determined that the applicant’s available record of service during the period of enlistment under review 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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Therefore, the analyst determined 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: 080815              
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: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 080815
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013591
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