Applicant Name:  ?????

Application Receipt Date: 2008/04/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect, "My separation code is listed as JKK needs to be corrected to the right code. According to AR 635-200 paragraph 14 a JKK code is a discharge for "drug abuse".  A review of my records will show that not at anytime for any reason was i associated with any type of drugs or drug abuse. I am currently trying to reenter the military and this mishap is blocking me from doing so". 

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: 950124
Discharge Received: 			   Date: 950215   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ/A Btry, 2nd BN 6th ADA, Ft Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 941209, failed to go to your appointed place of duty (941108), forfeiture of $226.00 pay for one month, reduction to E-3, suspended to be automatically remitted if not vacated for 940209, 7 days extra duty and 7 days restriction (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: 930505    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 09Mos, 11Days ?????
Total Service:  		01 Yrs, 09Mos, 11Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92Y10/ Unit Supply Specialist   GT: 103   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, AFEM, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 January 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct—for pattern of misconduct.  Since your arrival to the unit you have had many instances of misconduct.  You received an Article 15 and numerous counseling statements.  You have had three off-post arrests for family violence and disorderly conduct  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, unconditionally waived his right to an administrative separation board, 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  24 January 1995, 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 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 discharge was appropriate because the quality of the former soldier’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.  Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, para 14-12c(2) and block 26, separation code  "JKK."  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, separation authority, AR 635-200, para 14-12b and block 26, separation code to "JKA," which was approved by the separation authority.  In view of the foregoing, the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to grant partial relief and direct an administrative correction to the authority for separation and the separation code as approved by the separation authority.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 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, the Board determined that you were properly and equitably discharged.  Accordingly, your request for a change in the character of your discharge is denied.  

However, in the processing of your case the Board determined that block 25 (Separation Authority) and block 26 (Separation Code) of your DD Form 214 are erroneous, and requires an administrative correction.  The Board directed ARBA Support Division, St. Louis to correct block 25 to reflect AR 635-200, Paragraph 14-12b and block 26 to reflect JKA, and issue you a new DD Form 214. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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: Change block 26 SPD Code to "JKA" and block 25 to reflect AR 635-200, Paragraph 14-12b 										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007963
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