Applicant Name: ?????

Application Receipt Date: 080215	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he was guaranteed by TPO at the time of his discharge that after 6 months probationary period, his status would be changed to Honorable Discharge. He would like to pursue a career in the Police Force and it is necessary to have his DD Form 214 changed for that. He also has a wife and 2 children that he is unable to support with his current discharge status. His wife and children are living in Florida with her parents and he lives with his parents in Baltimore due to financial difficulties. He served in the US Army for 4 years and received numerous metals, awards, and promotions while active duty. He ask that you take this into consideration and thank you for your time. 

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: 070529
Discharge Received:     Date: 070721   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: HQ & HQ Detachment, 83rd Ordnance Battalion, Unit 35432 (WB03AA), FPO AP 96310 

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:  8408  
HOR City, State: Hanover, MD 21076-0000
Current ENL Date: Reenl/051028    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 8 Mos, 24 Days ?????
Total Service:  4 Yrs, 0 Mos, 21 Days ?????
Previous Discharges: RA 030701-051027/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 89B10 Ammunition Specialist   GT: NIF   EDU: HS Grad   Overseas: Okinawa, Japan   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army.  The unit commanders notification letter to the applicant informing him of his intent to initiate separation action, the applicant's election of rights and the unit commanders recommendation for separation from the service documentation is not part of the available record and the analyst presumed Government regularity in the discharge process.  However, the evidence of record does show that on 29 May 2007, the intermediate commander reviewed the proposed discharge action and recommended approval of the applicant's recommendation for separation under the provisions of Chapter 14, AR 635-200, by reason of a pattern of misconduct with issuance of a general, under honorable conditions discharge.  On 6 June 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  Further, evidence shows that 9 July 2007, Orders 190-02, DA, HQ, US Army Japan (Forward Support Team), Unit 35115, APO Area Pacific, discharged the applicant from the Regular Army, effective date: 21 July 2007.  Additionally, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct with a characterization of service of general, under honorable conditions and a reentry eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct.)  
      
      
      

      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 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 record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army.  However, the 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 12b by reason of a pattern of misconduct, with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct.).  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 issue; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in discharge.  Also, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, 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: 9 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None




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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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: 18 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002755
______________________________________________________________________


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