Applicant Name:  ?????

Application Receipt Date: 2009/05/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents 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: 000705
Discharge Received: 			   Date: 000804   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ, 306th MI Bn, Fort Huachuca, AZ 

Time Lost: 5 days (000714-000718).  The facts and circumstances of the lost time are not in the record.

Article 15s (Charges/Dates/Punishment): The unit commander's memorandum dated 20 June 2000, Initiation of Separation Action, indicates the applicant received the following Articles 15 that are not contained in the record:

000330, failure to obey a lawful order from a NCO, wrongful appropriation of government funds (Summarized)

000515, failure to report to his designated place of duty the whole day (CG)

000612, suspended sentence of a prior Article 15 was vacated for failure to report.

Courts-Martial (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 970820    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 10Days ?????
Total Service:  		02 Yrs, 11Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 46Q10/Journalist   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ASR, MOVSM

V.  Post-Discharge Activity
City, State:  McDonald, PA
Post Service Accomplishments: Applicant states he completed a drug rehabilitation program and has been drug free for the last three years.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 June 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for wrongfully reporting a carjacking that later turned out to be an attempt by the applicant to purchase illegal narcotics (ecstasy) in the amount of $1,100, for having received a summarized Article 15 (000330) for failure to obey a lawful order and wrongful appropriation of government funds, and for having received a company grade Article 15 (000515) for failure to report to his designated place of duty, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 28 June 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf which is not contained in the official record.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The document from the separation authority is not contained in the record.  On 4 August 2000, Orders number 206-011, DAHQ, USA Intelligence Center and Fort Huachuca, AZ, discharged the applicant with a characterization of service of under other than honorable conditions.

       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 military records, and the issue and documents submitted with his application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 
       
       Furthermore, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       Further, notwithstanding the propriety of the applicant's discharge, the analyst noted that the applicant was incorrectly assigned a reentry eligibility (RE) code of “4” and a separation code (SPD) of “JKK.”  Therefore, the analyst recommends the RE code be administratively changed to "3", the SPD Code be changed to "JKQ", and the Separation Authority be changed to “AR 635-200, Paragraph 14-12c” as reflected in the official record.
       
       If the applicant desires to reenlist, he should contact the local recruiter to determine 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 if appropriate.  
       
       Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found that 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: 5 March 2010         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 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.  

Notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “4” and a separation code (SPD) of “JKK.”  Therefore, the Board directed an administrative correction to reflect a change to the RE Code to "3", the SPD code to " JKQ", and the Separation Authority to  “AR 635-200, Paragraph 14-12C.” 
        
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: Change item 25, DD Form 214, Separation Authority to "AR635-200, PARA 14-12C"
            Change item 26, DD Form 214, SPD Code to "JKQ"										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090009439
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