Applicant Name:  ?????

Application Receipt Date: 2008/09/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he received an honorable under misconduct discharge and would like to have it change to honorable.  He made some silly mistakes in the past but he is grown now and regrets the past.  He took a job at the local hospital as a transporter.  He went to college and graduated with two associate degrees and a diploma as well.  He has matured since leaving the Army and has not been in any trouble.  He has submitted two 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: 990714
Discharge Received: 			   Date: 990806   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: B Co, 307th EN Bn, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990615, larceny (990531), forfeiture of $479 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:  24
Current ENL Date: 971121    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 08Mos, 16Days ?????
Total Service:  		01 Yrs, 08Mos, 16Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spc   GT: 99   EDU: HS EQ LTR   Overseas: None   Combat: None
Decorations/Awards: ASR, PB

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: Obtained two associate degrees in General Education and Nuclear Medicine.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 July 1999, 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 having committed larceny, with a general under honorable conditions discharge.  He was advised of his rights.  On 16 July 1999, 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 19 July 1999, 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 record contains a General Officer Memorandum of Reprimand dated 6 November 1998, and a Military Police Report dated 31 May 1999. 

       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 record, 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.  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; however, the narrative reason for separation is governed by specific directives.  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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with his application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 
       
       Further, 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 24, character of service as “Honorable.”   In view of this clerical error, the Board is empowered to correct the mistake and direct that an administrative change be made to block 24, character of service to "general, under honorable conditions" as it was approved by the separation authority.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 June 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 “Honorable.”  In view of the clerical error, the Board directed that an administrative change be made to block 24, character of service to "General, Under Honorable Conditions”, as approved by the separation authority.  Department of Defense Instruction 1332.28, stipulates that Discharge Review Boards are empowered to make corrections of clerical errors even if these corrections would result in a discharge of a lesser characterization.  Except for the foregoing modification to the applicant's characterization of service, 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 2    No change 3
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 AR20080013694
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