Applicant Name:  ?????

Application Receipt Date: 2009/06/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 010911
Discharge Received: 			   Date: 010928   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKF   Unit/Location: D Trp, 3/17th Cav, 10th Avn Bde, 10th MT Div (LI), NY 

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:  20
Current ENL Date: 940217    Current ENL Term: 06 Years  The applicant's enlistment was extended 11 months (000829) giving him a ETS date of (011012).
Current ENL Service: 	07 Yrs, 07Mos, 17Days ?????
Total Service:  		07 Yrs, 07Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 68B10/ACFT Powerplant Repairer   GT: 120   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Carthage, NY
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 11 September 2001, 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 his self-admission of sexual assault upon a 5 year-old female in January 2001, with an under other than honorable conditions discharge.
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service 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.  On 28 September 2001, the separation authority determined in accordance with AR 635-200, paragraph 1-33 and AR 635-40, paragraph 4-3, further processing through medical disability channels was not warranted.  He waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 25, separation authority reads "AR 635-200, Para 14-12c(1); block 26, separation code reads "JKF" and block 27, reentry (RE) code reads "4."  However, 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.  According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an separation authority of "AR 635-200, Para 14-12c"; separation code of "JKQ," and a reentry (RE) code of "3."
       
       The applicant's record contains a CID Report dated 21 February 2001.

       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 military records during the period of enlistment under review, the documents, and the issues he submitted, 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 his 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 fully 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 the applicant's issue contetion about changes in his medical condition that should have been caught and reviewed before his discharge.  However, records show the separation authority determined in accordance with AR 635-200, paragraph 1-33 and AR 635-40, paragraph 4-3, further processing through medical disability channels was not warranted.  Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read "AR 635-200, Paragraph 14-12c(1)," block 26, "Separation (SPD) Code" to read "JKF," and block 27," "Reentry (RE) Code" to read "4."  The analyst recommends that block 25, "Separation Authority" be administratively corrected to "AR 635-200, Paragraphs 14-12c," block 26, "Separation (SPD) Code" to "JKQ," and block 27," "Reentry (RE) Code" to "3" as approved by the separation approving authority.
       
       Except for the forgoing modification to the applicant's Separation Authority, Separation (SPD) Code, and the Reentry Code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Accident Reports; Medical Records; and Personal Statements totaling 142 pages of documents.

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 2    No change 3
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

















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010688
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