Applicant Name: ?????
Application Receipt Date: 080911 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting 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: 080207
Discharge Received: Date: 080214 Chapter: 14-12c AR: 635-200
Reason: Misconduct, (Serious Offense) RE: SPD: JKQ Unit/Location: 258th MP Co, 519th MP Bn,
1st Combat Support Bn (ME), Fort Polk, LA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 080205, wrongfully fraternized and/or had a prohibited relationship with a Soldier of lower rank (070309-070807) and, unlawfully grabbed and/or shoved and/or struck his wife/Soldier/E5, on the hand, face and/or body, with his hands and body and/or unlawfully struck at her with a cellular telephone thrown from his hand and/or unlawfully grabbed and pulled her by her clothing with his hands and/or unlawfully struck at her with a beverage container thrown from his hand and/or choked her until she fell to her knees with his hands, arms and body; Reduced to E4, forfeiture of 1 month pay for 2 months, extra duty and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 050315 Current ENL Term: 05 Years ?????
Current ENL Service: 02 Yrs, 10 Mos, 29 Days ?????
Total Service: 07 Yrs, 00 Mos, 02Days ?????
Previous Discharges: RA - 010213-050314/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 31B Military Police GT: 97 EDU: GED Overseas: Republic of Korea, SWA Combat: Afghanistan (040426-050425)
Decorations/Awards: ARCOM, ADCM (2), NDSM, GWOTEM, GWOTSM, KDSM, HSM, NCOPDR (2), OSR (2)
V. Post-Discharge Activity
City, State: Cushing, TX
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 February 2008, 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 wrongfully having a prohibited relationship and sexual intercourse with a junior Soldier, not his wife (070309-070827) and unlawfully grabbing his wife/Soldier/E5 (070325), with an under other than honorable conditions discharge. He was advised of his rights. 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 7 February 2008, the separation authority approved the conditional waiver request, waived further rehabilitative efforts 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. 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 Applicants military records, 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 Applicants discharge was appropriate because the quality of the former Soldiers 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 applicants service mitigated the misconduct or poor duty performance. Furthermore, 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. 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 June 2009 Location: Washington, 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 Applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, 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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080014142
______________________________________________________________________________
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