Applicant Name:  ?????

Application Receipt Date: 2008/05/05	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.  The Applicant states that it appears that there is a clerical error in his discharge.  He was processed and was approved for Chapter 13 with a General Discharge and his DD Form 214 incorrectly states that he was approved for an UOTHC discharge.

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: 080213
Discharge Received: 			   Date: 080226   Chapter: 14-12c(1)    AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: C Co, 187th Ord Bn, Fort Jackson, SC 

Time Lost: 3 days, AWOL (071207-071209), surrendered.

Article 15s (Charges/Dates/Punishment): 080117, AWOL (071207-071210), forfeiture of $673.00 x 2, 45 days extra duty and restriction.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 070730    Current ENL Term: 3 Years  26 weeks
Current ENL Service: 	00 Yrs, 06Mos, 24Days ?????
Total Service:  		00 Yrs, 06Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for being an academic failure in MOS 63B training, for being AWOL for which he received an Article 15, and for smoking and not doing his extra duty with a general under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, 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 with a general under honorable discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents submitted with his application as to the administrative error in his DD Form 214, the analyst determined that 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 24 as under other than honorable conditions, block 25, separation authority as AR 635-200, paragraph 14-12C(1), block 26 separation code  as "JKD" , and block 28, narrative reason for separation as “Misconduct (AWOL).”  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24 to indicate general under honorable conditions, block 25, to indicate separation authority as AR 635-200, Chapter 13, block 26, separation code as "JHJ," and block 28, reason for separation as “Unsatisfactory Performance,” which was approved by the separation authority.   In view of the foregoing, the analyst recommends to the Board to grant full relief by an administrative correction to the applicant’s record.  Except for the foregoing modifications, 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: 27 February 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
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 24, character of service as under other than honorable conditions,  block 25, separation authority as AR 635-200, paragraph 14-12C(1), block 26 separation code  as "JKD" , and block 28, narrative reason for separation as “Misconduct (AWOL).”  In view of the error, the Board directed that an administrative change be made to block 24, character of service to general, under honorable conditions, block 25 to indicate separation authority as AR 635-200, Chapter 13, block 26, separation code as "JHJ," and block 28, reason for separation as “Unsatisfactory Performance,” as it was approved by the separation authority.  Except for the foregoing modifications, 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: Unsatisfactory Performance with corresponding SPD Code of "JHJ."
Other: Change block 25 to AR 635-200, Chapter 13										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007968
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