Applicant Name:  ?????

Application Receipt Date: 209/06/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 070615
Discharge Received: 			   Date: 070627   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Retraining and Holding Co, 43rd AG (Reception) Bn, 3rd Chem Bde, U.S. Army Manuever Support Center and Fort Leonard Wood, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 061024    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 04 Days ?????
Total Service:  		00 Yrs, 08 Mos, 04 Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: 101   EDU: HS GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Columbia, AL
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 June 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct—for having been counseled numerous times about his unacceptable behavior, sexually assaulting female Soldiers, threatening to stab another Soldier, lying to an NCO and being caught with contraband, with a general under honorable conditions discharge.  The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 22 June 2001, the separation authority waived further rehabilitative efforts and directed that the Applicant be discharged with a characterization of service of general under honorable conditions.  The separation authority's memorandum erroneously interchanged chapter 14-12b with chapter 14-12c; however, there is no evidence of misconduct - abuse of illegal drugs in the Applicant's file or within the discharge processing packet.

       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 Applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.    There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the Applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the Applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge.  The Applicant provided no independent corroborating evidence demonstrating that the Applicant’s service mitigated the misconduct or poor duty performance.  Additionally, the record does not support the Applicant’s contention that the discharge was the result of any medical condition.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command and presumed Government Regularity in the discharge process.  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.  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, as evidenced by the unit commander informing the Applicant of initiating the discharge process under the provisions of Chapter 14-12b, and the unit commander's subsequent recommendation to the separation authority to discharge the Applicant under the provisions of Chapter 14-12b and the memorandum from trial counsel determining the Applicant's Chapter 14-12b legally sufficient, the analyst found that someone in the discharge process erroneously entered on the Applicant's DD Form 214, block 25, Separation Authority, as "AR 635-200, Para 14-12C(2)"; block 26, Separation Code, as "JKK"; block 27, Reentry Code, as "RE4"; and block 28, Narrative Reason for Separation, as "Misconduct (Drug Abuse)".  In view of the foregoing, the analyst recommends the Board direct an administrative correction to the Applicant's DD Form 214 to read as follows:  block 25, "AR 635-200, Para 14-12b"; block 26, "JKA"' block 27, "RE3"; and block 28, "Pattern of Misconduct."  Except for the foregoing modifications, the analyst determined that the discharge was both proper and equitable.

















 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 September 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's father and delegated power of attorney. 

Exhibits Submitted: TBI Background Paper (2 pages), IG Report (2 pages) and, Record of Progress (55 pages).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the Applicant’s record of service during the period of enlistment under review, hearing his power of attorney's testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.

 Notwithstanding the propriety of the Applicant's discharge, in response to the administrative errors noted by the analyst, the Board directed that administrative corrections be made to the Applicant's DD Form 214, block 25 to read "AR 635-200, Para 14-12b", block 26 to read "JKA", block 27 to read "RE3" and block 28 to read "Pattern of Misconduct".  Except for the foregoing modification to the Applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it.
        
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: Pattern of Misconduct
Other: Change block 25 to read "AR 635-200, Para 14-12b".  Change block 26 to read "JKA".										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010502
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