Applicant Name:  ?????

Application Receipt Date: 080317	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 021004
Discharge Received: 			   Date: 021029   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHC, USA SGM Academy, Ft. Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020930, disobeying a lawful order from a commissioned officer, not to have contact with his wife (020909),  unlawfully strike his wife with a closed fist, willfully damage military property, and disorderly conduct (020905), reduction to E1, forfeiture of $552.00 for two months, extra duty and restriction for 45 days (suspended), (FG). 

020621, failure to go at the time prescribed to his appointed place of duty x2 (020610 - 0630&0900), reduction to E2 (suspended), extra duty for 14 days and oral reprimand (CG).  

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000726    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 04Days ?????
Total Service:  		02 Yrs, 03Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E3 		Performance Ratings Available: Yes    No 
MOS: 75B Personnel Admin. Spec.   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR.

V.  Post-Discharge Activity
City, State:  Sandersville, GA
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for commission of a serious offense for ripping his pregnant wife's shirt, struck her on the thigh with a closed fist, being disorderly, damaging government property, disobeying orders from a commissioned officer on two separate occasions, and failure to repair on two separate occasions, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 7 October 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  Chapter 14 of this regulation 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 the entire applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  However, the record shows that someone in the discharge process, incorrectly assigned codes to the DD Form 214 that state that his separation was under the provisions of Chapter 14-12c(2) for drug abuse, with an SPD code of JKK, and an RE Code of 4.  In view of the foregoing, the analyst recommends to the Board that the applicant's DD 214 be administratively corrected as follows:  Item 25, separation authority should read “AR 635-200, Paragraph 14-12C”, item 26 should read “JKQ”, and item 27, Reentry Code should read “3”.  Except for the foregoing modifications to the applicant's separation authority, separation code, and reentry eligibility (RE) code, the analyst found 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: 16 January 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, items 25, 26, and 27.  In view of the error, the Board directed that an administrative change be made to Item 25, separation authority should read “AR 635-200, Paragraph 14-12C”, item 26 separation code should read “JKQ”, and item 27, Reentry Code should read “3”. Except for the foregoing modifications to the applicant's separation authority, separation code, and reentry code, the Board determined that the reason for separation was both proper and equitable and voted not to change it.






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004268
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