Applicant Name:  ?????

Application Receipt Date: 080125	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 010410
Discharge Received: 			   Date: 010518   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Btry, 2-1ADA Bn, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010227, with intent to defraud, uttered worthless checks between (001121-001202), restriction for 45 days and extra duty for 45 days (FG). 

Courts-Martial (Charges/Dates/Punishment): 001208, wrongfully possessed 6.9 grams of marijuana (001006), wrongfully used marijuana x 2 between (000826-000926) and (000906-001006), reduction to E-1, forfeiture of $502 x 2, restriction for 45 days and extra duty for 45 days (FG).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 990114    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 05Days ?????
Total Service:  		02 Yrs, 04Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 14T10 Patroit Missle Crewmember   GT: 100   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  Greer, SC
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 April 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for wrongfully uttering worthless checks in the sum of $1,314.10 between (001121-001202), received a Field Grade Article 15 on (010227) for this offense; wrongfully used marijuana x 2 between (000826) and (001006), and  wrongfully possessed 6.9 grams of marijuana (001006), received a Field Grade Article 15 on (001214) for these offenses, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, 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.  The intermediate and senior  commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 11 May 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
       The analyst further noted that the separation authority approved the applicant's discharge under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct,  for which the separation code is "JKA."  However, the applicant's DD Form 214 shows the separation code as "JKK" with a reenlistment eligibility (RE) code of "4."  The appropriate separation code under the provisions of AR 635-5-1 is "JKA" with a reenlistment eligibility (RE) code of "3."  The analyst recommends that the Board vote to make an administrative change to the applicant's DD Form 214, block 26, separation code to "JKA" and block 27, reentry eligibility (RE) code to "3."    

       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 during the period of enlistment under review, the issues and documents 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, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

Additionally,  the analyst further noted that the separation authority approved the applicant's discharge under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct,  for which the separation code is "JKA."  However, the applicant's DD Form 214 shows the separation code as "JKK" with a reenlistment eligibility (RE) code of "4."  The appropriate separation code under the provisions of AR 635-5-1 is "JKA" with a reenlistment eligibility (RE) code of "3."  The analyst recommends that the Board vote to make an administrative change to the applicant's DD Form 214, block 26, separation code to "JKA" and block 27, reentry eligibility (RE) code to "3."  Except for the foregoing modifications to the applicant's DD Form 214, block 26, separation code to "JKA" and block 27, reentry eligibility (RE) code to "3," 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: 19 November 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 voted to administratively change the applicant's DD Form 214 in block 26, separation code to "JKA" and block 27, reentry eligibility (RE) code to "3."  Except for the foregoing modification, the board determined that the discharge was both proper and equitable.

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: The Board voted to administratively change block 26, separation code to "JKA" and block 27, reentry eligibility (RE) code to "3." 										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001436
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