Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080004728
Original file (AR20080004728.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/03/27	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: NIF
Discharge Received: 			   Date: 070126   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 2nd Bn, 346th Regiment, Camp Shelby, MS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 050829    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 28 Days ?????
Total Service:  		05 Yrs, 04 Mos, 28 Days ?????
Previous Discharges: 	USAR 040224-050828/OAD
                                       RA 880302-920301/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25Q/Multichannel Trans Opr   GT: 112   EDU: HS   Overseas: None   Combat: SWA (900926-910414)
Decorations/Awards: GCMDL, NDSM-2, SWASM-2BS, GWOTSM, ASR, AFRM w/M device

V.  Post-Discharge Activity
City, State:  Gulfport, MS
Post Service Accomplishments: None provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s 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), which was authenticated by the applicant.  The 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 under other than honorable conditions discharge.  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.  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 all the applicant’s available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former soldier’s discharge from the Army.  However, the applicant’s 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.  The 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 under other than honorable conditions discharge.  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.  Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: January 22, 2009         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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 2    No change 3
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 AR20080004728
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080016757

    Original file (AR20080016757.txt) Auto-classification: Denied

    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. 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 (pattern of misconduct), with a characterization of service of general, under honorable conditions. Board Action Directed...

  • ARMY | DRB | CY2009 | AR20090003091

    Original file (AR20090003091.txt) Auto-classification: Denied

    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. 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...

  • ARMY | DRB | CY2009 | AR20090008797

    Original file (AR20090008797.txt) Auto-classification: Denied

    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. Further, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. Board Action Directed...

  • ARMY | DRB | CY2009 | AR20090003280

    Original file (AR20090003280.txt) Auto-classification: Denied

    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, with a general, under honorable conditions discharge. 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.

  • ARMY | DRB | CY2009 | AR20090013858

    Original file (AR20090013858.txt) Auto-classification: Denied

    The DD Form 214 indicates that 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 general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., Pattern of Misconduct). 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...

  • ARMY | DRB | CY2009 | AR20090006417

    Original file (AR20090006417.txt) Auto-classification: Denied

    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 applicant’s military records, and issues and documents submitted with the application, the analyst determined that the applicant’s available record of service during the period of...

  • ARMY | DRB | CY2011 | AR20110005924

    Original file (AR20110005924.txt) Auto-classification: Denied

    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 characterization of service of general, under 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 a pattern of misconduct, with a characterization of service of general, under honorable conditions. Board Action Directed...

  • ARMY | DRB | CY2008 | AR20080015247

    Original file (AR20080015247.txt) Auto-classification: Denied

    Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 970822 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: HHC, 1-27 IN Bn, Schofield Barracks, HI Time Lost: AWOL for 3 days (970422-970424), mode of return unknown. 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...

  • ARMY | DRB | CY2009 | AR20090006385

    Original file (AR20090006385.txt) Auto-classification: Denied

    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 applicant’s military records, and issues and documents submitted with the application, the analyst determined that the applicant’s available record of service during the...

  • ARMY | DRB | CY2009 | AR20090007338

    Original file (AR20090007338.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions.