Applicant Name:  ?????

Application Receipt Date: 2008/05/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: 040810
Discharge Received: 			   Date: 040915   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHB, 1st Battalion, 44th Air Defense Artillery, 4th Infantry Division (Mechanized), Fort Hood, TX 76544 

Time Lost: AWOL x 2 for 64 days from (040622-040728); (040113-040208). Mode of return is unknown.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): The unit commanders recommendation for separation indicates that the applicant received a Summary Court-Martial on (040622); however, that particular document is not part of the available record. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 011102    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 8 Mos, 10 Days ?????
Total Service:  		2 Yrs, 8 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 14J10 Early Warning System Operator   GT: 111   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030401-030707)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 5 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense; in that he went AWOL from (040113-040209); and committed larceny between (030501-040105), 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 submitted 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 25 August 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  
       
       The record contains two Military Police Reports dated 8 January 2004 and 15 January 2004.

       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 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.  The applicant’s discharge was appropriate because the quality of the applicant's service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Additionally, notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as "JKK," and block 27, reentry eligibility (RE) code as “4.”  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 26, to show the separation code as "JKQ," and block 27, the reentry eligibility (RE) code as "3," which was approved by the separation authority.  Except for the foregoing modifications to the applicant's DD Form 214, as stated above, the analyst determined that the discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 February 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; 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, block 26, separation code as "JKK" and the reentry eligibility (RE) code as "4."  In view of the error, the Board directed that an administrative change be made to block 26, separation code to "JKQ" and block 27, reentry eligibility (RE) code to "3," as approved by the separation authority.  Except for the foregoing modification to the applicant's separation code and the reentry eligibility (RE) code, the Board determined that the discharge 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: The Board voted to direct that an administrative change be made to block 26, separation code to "JKQ" and block 27, reentry eligibility (RE) code to "3" on the applicant's DD Form 214.   										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007522
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