Applicant Name:  ?????

Application Receipt Date: 2008/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached document (1) 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: NIF
Discharge Received: 			   Date: 030328   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: company B, 2nd Battalion, 14th Infantry, Fort Drum, NY 13602-5000 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 010320    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 0 Mos, 9 Days ?????
Total Service:  		2 Yrs, 0 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: NIF		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: NIF   EDU: HS Grad   Overseas: Kosova (011109-020522)   Combat: None
Decorations/Awards: NDSM, NATOMDL, KCM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  The DD Form 214 indicates that he was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious ofense with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense).  The evidence of record further shows that on 28 March 2003, Orders 087-1016, DA, HQ, 10th Mountain Division (Light Infantry), Fort Drum, NY 13602-5000, discharged the applicant from the Regular Army, with an effective date of: 28 March 2003.  
       
       
       
       

       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 all the applicant’s available military records, the issue and supporting document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, even though the applicant claims that his offense was an isolated one, the analyst concluded that the offense constituted a departure from the standards of conduct, expected of soldiers in the Army.  Having examined the available circumstances, the analyst determined that the applicant’s incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This incident of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.  In view of the foregoing, 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: 12 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 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014598
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