Applicant Name: ?????
Application Receipt Date: 2008/02/27 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 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: NIF
Discharge Received: Date: 040910 Chapter: 14-12b AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: HHC, 1/18th INF, APO AE 09226
Time Lost: AWOL for 21 days (021223-030113), mode of return NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 020626 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 02 Mos, 15 Days ?????
Total Service: 02 Yrs, 06 Mos, 08 Days ?????
Previous Discharges: IADT 010814-011206/UNC
Highest Grade: NIF Performance Ratings Available: Yes No
MOS: 42L/Admin Spc GT: NIF EDU: HS Overseas: Germany Combat: Iraq (040210-040905)
Decorations/Awards: NDSM, GWOTSM, GWOTEM
V. Post-Discharge Activity
City, State: Waterbury, CT
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The facts and circumstances pertaining to the applicants discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., 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, 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 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). 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 12b by reason of misconduct, 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 3. If reenlistment is desired, the applicant should contact the local recruiter to determine 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. 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: 19 December 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
VIII. 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.
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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080004387
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090000455
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW...
ARMY | DRB | CY2012 | AR20120016040
Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions and a Separation Code of JKA (i.e., pattern of misconduct) with a reentry eligibility (RE) code of 3. b. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of...
ARMY | DRB | CY2009 | AR20090006417
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b for pattern of misconduct, with a characterization of service of general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and issues and documents submitted with the application, the analyst determined that the applicants available record of service during the period of...
ARMY | BCMR | CY2011 | AR20110011854
The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of under other than honorable conditions. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of under other than honorable conditions. Board Action Directed Issue a new DD Form...
ARMY | BCMR | CY2011 | AR20110024136
Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI.
ARMY | DRB | CY2012 | AR20120006919
Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 120104 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 4th AD Regt, ADA R, Fort Bliss, TX Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant stated in his application that he received two Article 15s; however, those documents are not contained in the available records. Furthermore, the analyst determined that the applicants Official...
ARMY | BCMR | CY2011 | AR20110022323
Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149, Self-Authored Statement, dated 1 November 2011, Copy of Discharge Packet, E-mail Communication Documents, DD Form 214 for the period of service under review.
ARMY | DRB | CY2010 | AR20100012705
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like to reenlist in the US Army and the only way he can is to have his discharge changed or upgraded from a general, under honorable conditions to an honorable discharge and any help is greatly appreciated. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of a pattern of misconduct, with a...
ARMY | BCMR | CY2011 | AR20110001054
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records during the period of enlistment under review, the issues, and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicants discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other:...
ARMY | DRB | CY2009 | AR20090006385
The DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and issues and documents submitted with the application, the analyst determined that the applicants available record of service during the...