Applicant Name:  ?????

Application Receipt Date: 2008/08/20	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.

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: 050602
Discharge Received: 			   Date: 050706   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHB, 108th ADA Bde, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050113, failure to report x 4 (041120), (041121), (041115), and (040917); reduction to E-3, forfeiture of $161.28 (suspended), extra duty for 14 days and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 031212    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 25Days ?????
Total Service:  		04 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	RA-010330-031211/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (030203-030606)
Decorations/Awards: ARCOM-2, AAM-2, NDSM, GWOTEM, GWOTSM, ASR, PUC-Navy/MC 

V.  Post-Discharge Activity
City, State:  El Paso, TX
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 June 2005, 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 a serious offense for a CID Investigation for carnal knowledge, and was arrested for outstanding warrants, 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.  On 14 June 2005, 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 applicant's record contains a CID Report of Investigation dated 2 June 2005.
       The applicant's record contains a Military Police Report dated 15 January 2004 with additional persons related to the report.
       
       The analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 14-12c(2), block 26, "Separation Code (SPD)" reads "JKK", and block 27, "Reentry Eligibility (RE) code" reads "4."  However, the separation authority approved the applicant's discharge under the provisions of AR 635-200, paragraph 12c, commission of a serious offense, which the separation code is "JKQ," which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "3."   Further, separation code "JKK" which according to AR 635-5-1 Separation Program Designator (SPD) codes, denotes "Drug Abuse."  

       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, 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 all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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.  Furthermore, the analyst noted the applicant's issue; if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read Paragraph 14-12c(2), block 26, "Separation Code (SPD)" to read "JKK", and block 27, "Reentry Eligibility (RE) code" to read "4."  The analyst recommends that that block 25, "Separation Authority" be administratively changed to read "Paragraph 14-12c, block 26, "Separation Code" changed to "JKQ"  and block 27, "Reentry Eligibility (RE) Code" changed to "3"  as approved by the separation approving authority.  Except for the forgoing modification to the applicant's separation code (SPD), the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 May 2009         Location: Washngton, 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 directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12c, block 26, "Separation Code (SPD)" to "JKQ"  and block 27, "Reentry Eligibility (RE) Code" to "3."  Except for the forgoing modifications to the applicant's Separation Authority, Separation Code (SPD), and the Reentry Eligibility (RE) code, the Board determined that the discharge was both proper and equitable and voted to deny relief. 
        
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: No Change
Other: The Board directs ARBA St. Louis to administratively change, block 25, "Separation Authority" to "Paragraph 14-12c, block 26, "Separation Code (SPD)" to "JKQ"  and block 27, "Reentry Eligibility (RE) Code" to "3."										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013349
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