Applicant Name:  ?????

Application Receipt Date: 2008/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 submitted in lieu of DD Form 293 and supporting documents in which the Applicant states that her reason for separation should be changed because the evidence used should have been supressed and it was used in the decision to discharge her from the Army.  The applicant provides seven supporting documents for the Board's consideration.

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: 070821
Discharge Received: 			   Date: 071204   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHD, 261st Medical Bn (Rear), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070719, stole a pair of shorts from AAFES (070706), reduction to E-3 (suspended), forfeiture of $50 x 2, 14 days extra duty, oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: 061114    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 20Days ?????
Total Service:  		09 Yrs, 03Mos, 08Days ?????
Previous Discharges: 	RA 980827-010828/HD
                                       RA 010829-060809/HD
                                       RA 060810-061113/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 56M10/Chaplain Assistant   GT: 114   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM-3, AGCM-2, NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of serious offense for having received non-judicial punishment (070719) for larceny from AAFES, with a general under honorable conditions discharge.  She was advised of her rights.  On 21 August 2007, the applicant consulted with legal counsel and requested consideration of her case by an administrative separation board and submitted a statement on her own behalf.  The applicant was notified to appear before an administrative separation board and advised of her rights.  On 24 October 2007, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  On 2 November 2007, the separation authority approved the recommendation of the administrative separation board 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, supporting documents and the issue submitted with the application, the analyst found no mitigating factors that would merit a change to the Applicant’s narrative reason for discharge.  The analyst determined that the applicant’s issue requesting that the evidence that should have been suppressed during her Administrative Separation Board hearing was used to separate her from the Army; however, the evidence of record shows that the applicant appeared before an Administrative Separation Board with her counsel, which indicates her rights were fully protected throughout the separation process.  The Administrative Separation Board considered her entire record of service in determining whether separation was appropriate in accordance with AR 635-200, Section II, Guidelines on separation Paragraph 1-15c (6), and recommended separation with a general, under honorable conditions discharge.  The applicant has not provided any new evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct.  Further, the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)”, and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.

Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered in the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12b, block 26 as separation code  "JKA" , and block 28, narrative reason for separation as “Pattern of Misconduct.”  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, separation authority to read AR 635-200, paragraph 14-12c, block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)” as approved by the separation authority.   Except for the foregoing modifications to the applicant’s DD Form 214, the analyst determined that the narrative reason for 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 25, separation authority as AR 635-200, paragraph 14-12b, block 26 as separation code  "JKA" , and block 28, narrative reason for separation as “Pattern of Misconduct.”  In view of the foregoing, the Board directed that an administrative change be made to block 25, separation authority, to read AR 635-200, paragraph 14-12c, block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)” which 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 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: Misconduct (Serious Offense)
Other: Change block 25 (Separation Authority) to read:  AR 635-200, Paragraph 14-12c
            Change block 25 (SPD Code) to read:  JKQ										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009021
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