Application Receipt Date: 071116
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: NIF
Discharge Received: Date: 040810
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: C Btry, 3-13th MLRS Fort Sill, OK
Time Lost: AWOL for two days (031223-031225)
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820909
Current ENL Date: 020609 Current ENL Term: 3 Years ?????
Current ENL Service: 02 Yrs, 01Mos, 29Days ?????
Total Service: 02 Yrs, 01Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 13M10 MLRS Crewmember GT: 113 EDU: HS Grad Overseas: SWA Combat: Iraq (030120-030603)
Decorations/Awards: ARCOM, NDSM, ASR, GWOTSM, GWOTEM
V. Post-Discharge Activity
Home of Record: D
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 August 2004, Orders 217-0117, DA, HQ, US Army Center and Fort Sill, Oklahoma, discharged the applicant from the Regular Army, effective date: 10 August 2004. 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 JKQ (i.e., misconduct- serious offense). The specific facts and circumstances leading to the applicants 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, 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 applicants available military records, the issue he submitted and the supporting documentation, the analyst found no mitigating factors that would merit an upgrade of the applicants 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 applicants 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, 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. 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: 080206
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
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 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.
Case report reviewed and verified by: Earl Silver, Examiner
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: 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: 080208
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016589
Applicant Name:
______________________________________________________________________
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