Applicant Name:  ?????

Application Receipt Date: 2008/06/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant requests an upgrade of his discharge to GD.  He states that at the time he was young and made some mistakes, he now would like the opportunity to re-enlist and correct the mistakes and do better for him and his family.  He is now 30 years old and this happened 9 years ago when he was trying to fit in with the wrong crowd.  Since then he has learned his lesson and desires a second chance at life.

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: 990219
Discharge Received: 			   Date: 990421   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 183d Maint Co, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980828, stole 3 CD's from the PX of a value of under $100 (980804), reduction to E-2, forfeiture of $519 x 2 (1 month suspended), 45 days extra duty, 45 days restriction (suspended) (FG)

981223, wrongful use of marijuana (981003-981103), reduction to E-1, forfeiture of $463 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 960523    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 10Mos, 29Days ?????
Total Service:  		02 Yrs, 10Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 45B10/Small Arms Rpr   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 February 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for wrongful use of marijuana (981003-981103), for stealing three music CD's from the PX, valued of less than $100 (980804), and for failure to pay debts to three different companies, with a general, under honorable conditions discharge.  He was advised of his rights.  On 23 February 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other that honorable conditions discharge.  The separation authority disapproved the conditional waiver request and directed an Administrative Separation Board.  On 12 April 1999, once again, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived his right to an Administrative Separation Board.  On 14 April 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
       The record contains an MP Report dated 25 March 1995.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service, he enlisted for 3 years and nearly completed all of his term, and the recommendation for a general discharge from his company commander, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action does not entail restoration of grade.
       
       Furthermore, 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 27, Reentry Code as “4.”  AR 601-210, determines the reentry eligibility and provides regulatory guidance on the RE Codes.  The cross reference table of the regulation stipulates that under the conditions of the applicant’s discharge the correct Reentry Code is a  “3”.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 27, Reentry Code to "3.”  
       
       
       
       
       
       
       
       
       
       
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 April 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
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 characterization of service was too harsh based on the applicant’s length of service and the company commander’s recommendation, and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions.  Furthermore, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, Reentry Code as “4.”  AR 601-210, cross reference table, stipulates that the correct Reentry Code is a  “3”.  The Board voted to administratively change block 27, Reentry Code to "3.”   The Board determined that the reason for discharge was proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20080009846
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