Applicant Name:  ?????

Application Receipt Date: 2008/10/15	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: 040520
Discharge Received: 			   Date: 040617   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 369th Trans Co, Fort Stewart, GA 

Time Lost: AWOL for 12 days (040206-040217), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 040426, AWOL (040206-040217), and disrespectful in language towards a SSG (040413); forfeiture of $273 x 1 (suspended), and restriction (CG).

Courts-Martial (Charges/Dates/Punishment): 031118, SCM, failure to report (030501), disobeying a lawful order from a SFC (030408), and disrespectful in language towards a 1SG (030501); reduction to E-1, forfeiture of $767, and hard labor without confinement for 45 days.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020726    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 09Mos, 29Days ?????
Total Service:  		03 Yrs, 09Mos, 15Days ?????
Previous Discharges: 	ARNG-000821-000926/NA
                                       ADT-000927-010404/HD
                                       ARNG-010405-020725/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63B10 Light Wheeled Vehicle Mechanic   GT: 104   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030321-030705)
Decorations/Awards: GWOTSM, ASR, PUC

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 May 2004, 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 receiving a Summary Court-Martial for failure to repair, disrespecting a superior officer on numerous occasions, disobeying orders on numerous occasions, disrespecting NCOs on numerous occasions, and AWOL (040206-040218), with an under other than honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action,  voluntarily waived consideration of her case by an administrative separation board, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 17 June 2004, the separation authority approved the unconditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads " AR 635-200, Chapter 10," block 26, "Separation Code (SPD)" reads "KFS," block 27, "Reentry Eligibility (RE) code" reads "4," and block 28, "Narrative Reason For Separation" reads "In lieu of Trial by Court-Martial." However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of commission of a serious offense, which the separation code is "JKQ," and according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3." 

       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 she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her service below that meriting a general, under honorable conditions 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, if the applicant desires to reenlist, she should contact the local recruiter to determine her 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.  Further, the analyst noted the applicant said issues; however, did not find said issues sufficiently mitigating to warrant an upgrade of the discharge under review.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" reads " AR 635-200, Chapter 10," block 26, "Separation Code (SPD)" reads "KFS," block 27, "Reentry Eligibility (RE) code" reads "4," and block 28, "Narrative Reason For Separation" reads "In lieu of Trial by Court-Martial."  The analyst recommends that block 25, "Separation Authority" be administratively changed to  "AR 635-200, Paragraph 14-12c," block 26, "Separation Code" changed to "JKQ," block 27, "Reentry Eligibility (RE) Code" changed to "3," and block 28, "Narrative Reason For Separation" changed to "Misconduct" as approved by the separation approving authority.  Except for the foregoing modification to the applicant's separation authority, separation code (SPD), reentry eligibility (RE) code, and narrative reason for separation, 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: 12 August 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.

Further, the Board directs ARBA Support Division-St. Louis to administratively change, block 25, "Separation Authority" to "AR 635-200 Paragraph 14-12c," block 26, "Separation Code (SPD)" to "JKQ"  and block 27, "Reentry Eligibility (RE) Code" to "3," and  block 28, "Narrative Reason For Separation" to "Misconduct."
        
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: Misconduct
Other: The Board directs that the ARBA Support Division-St. Louis to administratively change, block 25, "Separation Authority" to "AR 635-200 Paragraph 14-12c," block 26, "Separation Code (SPD)" to "JKQ"  and block 27, "Reentry Eligibility (RE) Code" to "3," and  block 28, "Narrative Reason For Separation" to "Misconduct."										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016118
______________________________________________________________________________

Page 3 of 3 pages