Applicant Name:  ?????

Application Receipt Date: 2008/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she is requesting that her RE code of 4 be changed to an RE code of 3. My request is due to my desire to rejoin the ranks. Joining the military during my first enlistment was an experience I will always remember. I was introduced to a structured environment very different than what I was used to and I lost focus. Although my heart was in the right place, I knew deep down the military had been what I wanted to do with my life. However, my lack of experience did not contribute to my success in achieving my goals. Although I regret the mistakes I have done in the past I know I have learned from them and am ready to move on. I spent one year as a soldier and two minutes committing the mistake that would change my fate, for this I feel I am 98% a soldier and only 2% my mistake. It has been six years since I separated from the Army and I feel I need to fulfill what I had begun the first time around. There is no room for failure, I know I will succeed I just hope I am awarded the opportunity to do so. I am ready to uphold the Army values and serve my country as an American soldier. The following is how I lost lost sight of my Army Values: Loyalty- My loyality was not made to my commander. Duty- I neglected my duties as a soldier. Respect- I disrespected myself and my unit. Selfless Service- I was Selfish. Honor- I lost that when I lied. Integrity- I was not an American Solidier when I made those decisions. Personal Courage- More like coward. I allowed a NCO to make me think that by lying for him and sticking up for him was the right thing to do, but it was not.. It was my poor judgment and I am soley responsible for my actions. I have learned my lesson and I would like to serve my country as it should be served. I have finally realized the what my 7 Army values really are and I am ready to fully devote myself to living them everyday.

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: 020621   Chapter: 14, Paragraph 12c (2)     AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: E Battery, 1st Battalion, 7th Air Defense Artillery, 108th Brigade, Fort Bliss, TX 79916-6812  

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:  27
Current ENL Date: 010503    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 1 Mos, 19 Days ?????
Total Service:  		1 Yrs, 1 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 14T10 Patriot Missile Crewmember   GT: 101   EDU: GED Certif   Overseas: None   Combat: None
Decorations/Awards: NDSM ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c (2) by reason of misconduct-commission of a serious offense/abuse of illegal drugs, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- commission of a serious offense/abuse of illegal drugs) with a reentry eligibility (RE) code of "4."  The evidence of record further shows that the applicant was reduced to the grade/rank of PV1/E-1, at the time of discharge.  On 19 June 2002, DA, HQ, US Army Air Defense Artillery Center, Fort Bliss, Texas, Orders 170-0001 discharged the applicant from the Regular Army, with an effective date of 21 June 2002.  

       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, documents and the issue she 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 12c (2) by reason of misconduct-commission of a serious offense/abuse of illegal drugs, with a characterization of service of general, under honorable conditions with a reentry eligibility (RE) code of "4."  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 21 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
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 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 AR20080004825
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