Applicant Name:  ?????

Application Receipt Date: 2009/04/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted bythe 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 951024   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: B Co, 169th Engr Bn, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): 950516, SPCM, commit sodomy on divers occasions (941201-950205), commit adultery on divers occasions (941201-950205), and wrongful cohabitation (941219-950210); reduction to E-2. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 930202    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 03Days ?????
Total Service:  		10 Yrs, 11Mos, 23Days ?????
Previous Discharges: 	RA-841012-880218/HD
                                       RA-880219-930201/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 62B10 Construction Equipment Repairer   GT: 110   EDU: HS Grad   Overseas: Korea/Hawaii   Combat: None
Decorations/Awards: AAM-3, AGCM-3, NDSM, KDSM, NCOPDR, ASR, OSR-2 

V.  Post-Discharge Activity
City, State:  Augusta, GA 
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Georgia on (040628) for one (1) year, and extended for six ( 6) years.  Subsequently, the applicant was ordered to active duty in support of Operation Iraqi Freedom with duty in Iraq (051130-061116).  During his enlistment the applicant was promoted to SSG/E-6.  The evidence of record shows that he received the following awards:  AAM, ICM, GWOTSM, AFRM-W"M" DEV, OSR-3.  Upon release from active duty the applicant was issued an honorable characterization of service.  On (081114), the applicant requested conditional release from the Georgia Army National Guard for Regular Army enlistment. 





 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s 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 applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense), 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 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 during the period of enlistment under review, the issue and documents that he submitted, 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 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, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense, 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; however, the available service record does not support his contention and the applicant did not provide sufficient information to substantiate it. 
       
       Further, 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.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier 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.  
       
       In view of the foregoing, 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. 

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 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 AR20090008309
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