Applicant Name:  ?????

Application Receipt Date: 081029	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 051103   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: D Co, WAMC, Ft. Bragg, NC 

Time Lost: AWOL x 1, for 4 days from (040713-040716). Mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 041026, AWOL (040713-040716) and, altered a DA Form 31, then known to him to be false, with the intent to deceive (040624-040713); Reduction to E3, forfeiture of $349.00, extra duty for 14 days (FG).

Article 15; 050726, Wrongfully stole and cashed a money order of a value of about $519.30, the property of an individual on or about 041204; dishonorably failed to pay said debt in the amount of $2809.90 from 040202 to 050601; reduction to PV2, suspended, to be automatically remitted if vacated before 25 October 2005; forfeiture of $692.00 pay per month for one month, suspended, to be automatically remitted if not vacated before 25 January 2006; extra duty for 30 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: OAD/040116    Current ENL Term: 02 Years  ?????
Current ENL Service: 	01 Yrs, 09 Mos, 18 Days ?????
Total Service:  		02 Yrs, 08 Mos, 15 Days ?????
Previous Discharges: 	USMC  900619-911002/UOTH
                                       ARNG 020812-021009/NA
                                       ARNG 021009-021113/NA
                                       IADT  021114-030403/NIF
                                       ARNG 030404-040112/HD
                                       USARCG 040113-040115/NA
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B  Infantryman   GT: 120   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040303-040411)
Decorations/Awards: NDSM (2), ASR, AFRM w/ M device, GWOTEM, ICMDL

V.  Post-Discharge Activity
City, State:  ?????
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 25 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14--12b, by reason of misconduct, pattern of misconduct; in that he was absent without leave from his unit on or about (040713-040716) and received an Article 15 for the offense; received a second Article 15 for wrongfully stealing and cashing a money order of a value of about $519.00, dishonorabley failed to pay just debt to the Army Emergency Relief in the amount of $2,809.00; altered an official document with the intent to deceive, and falsely represented himself as a Marine Corps Sergeant. Also, he had a number of other incidents that had subjected him to punitive action, with an under other than honorable conditions dishcarge.  He was advised of his rights and submitted a statement in his own behalf.  On 27 September 2005, the applicant was notified to appear before an administrative separation board and acknowledged receipt of the notification letter.  The analyst further noted that the applicant’s record is void of the complete facts and circumstances concerning the events that led to the discharge from the Army and presumed government regularity in the discharge process.  However, the 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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct) with 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 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 documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service.  This recommendation was made after full consideration of his faithful and honorable service, as well as the applicant's record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.   
       
       While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, (to include his combat service in Iraq ) mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the board that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge and the reentry eligibility (RE) code was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to PV2/E-2.
       
       The analyst noted the applicant's issues outlined in the attached brief; however, by his misconduct (i.e., two Article 15s, and the offense's contained in the notification letter to discharge the applicant from the Army, which he signed acknowledging the misconduct), the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       Further, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA."  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, separation code, entered in block 26 and reentry code entered in block 27 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. 
       
       Additionally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army/Army National Guard.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  (See response in paragtraph 1 above).
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 February 2010         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 1    No change 4
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 AR20080017134
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