Applicant Name:  ?????

Application Receipt Date: 2009/05/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "I Believe my discharge should be changed because Prior to my discharge from the United States Army. I had reenlisted and was just about ready to go and reclass to a different MOS and changed duty assignments.  Along with That the reason my unit had discharged me was due to the fact that i was unable to go on a range detail due to my son being in the hospital with a minor head injury and having seizures and i felt it was a must for me his father to be there just in cause something else had went wrong. And my wife was pregnant at the time and having premature labor pains. Which we soon lost my son she was pregnant with 15 days prior to my last day signing out on the Chapter. I believe that i should have my discharged changed to a lower or subsegate re-entry code to prove my self and show my commanders that i could be a really good soldier just like i was before."

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: 060920   Chapter: 14-12b       AR: 635-200
Reason: Patterns of Misconduct	   RE:     SPD: JKA   Unit/Location: HQ Company, US Army Garrison, Fort Meade, MD 

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:  22
Current ENL Date: Reenl/060519    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 4 Mos, 2 Days ?????
Total Service:  		4 Yrs, 1 Mos, 27 Days ?????
Previous Discharges: 	RA 020725-060518/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L10 Administrative Spec   GT: 95   EDU: HS Grad   Overseas: Alaska (030109-051030)   Combat: None
Decorations/Awards: GCMDL, NDSM, GWOTSM, ASR

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 complete facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records.  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' signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b, by reason of a pattern of misconduct, with a characterization of service of general, under 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.  The evidence of record further shows that the DA, HQ, US Army Garrison, Fort George G. Meade, issued Orders 251-0001, dated 8 September 2006, discharging the applicant from the Regular Army, with an effective date of 20 September 2006. 
       
       
       

       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 and the issue 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 14-12b, by reason of a pattern of misconduct, with a characterization of service of general, under honorable conditions. 
       
       The applicant was issued Orders 251-0001, dated 8 September 2006, discharging him from the Regular Army, with an effective date of 20 September 2006.  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 regarding his family problems and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. 
       
       If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. 
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 March 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 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 AR20090008278
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