Applicant Name: ?????
Application Receipt Date: 081107 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant in which he states, "Need upgrade for education benefits (GI Bill) that I applied for upon entry into military.".
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: 040517 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: HHC, 75th Inf, US Infantry Center, Ft. Benning, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 34
Current ENL Date: 020214 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 03 Mos, 04 Days ?????
Total Service: 02 Yrs, 03 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 91W Medical Spec GT: 91 EDU: College Grad Overseas: None Combat: None
Decorations/Awards: GWOTSM, NDSM, ASR
V. Post-Discharge Activity
City, State: Loveland, OH
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The facts and circumstances pertaining to the Applicants discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the Applicant. The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse).
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 available military records and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicants discharge. The Applicants record is void of the specific facts and circumstances concerning the events that led to the former Soldiers discharge from the Army. However, the Applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not 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(2) by reason of misconduct - drug abuse, 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. The analyst noted the Applicant's issue, however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the Applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
Notwithstanding the propriety of the Applicant's discharge, the analyst determined that the Applicant was incorrectly assigned a reentry eligibility (RE) code of 3. Therefore, the analyst recommends that the reentry eligibility code be administratively changed to RE-4.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 August 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
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. The Board directed an administrative correction be made to the Applicant's DD Form 214, block 27 to read 'RE 4'.
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 AR20080018112
______________________________________________________________________________
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