Applicant Name: ?????
Application Receipt Date: 2008/11/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 000422
Discharge Received: Date: 000516 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: D Co, 2-7 CAV Regt, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 980902 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 15Days ?????
Total Service: 01 Yrs, 08Mos, 15Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 11M10 Fighting Vehicle Infantryman GT: 112 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, ASR
V. Post-Discharge Activity
City, State: Texas City, TX
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs), with a reentry eligibility (RE) code of " 4." On 10 May 2000, DA, HQ, III Corps and Fort Hood, Fort Hood, TX, Orders 131-0204, discharged the applicant from the Regular Army, effective date: 16 May 2000.
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 applicants available military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to a 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 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, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs, 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 and determined that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code 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: 3 September 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: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090000124
______________________________________________________________________________
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