Applicant Name:  ?????

Application Receipt Date: 2009/06/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his discharge to fully honorable and a change to the narrative reason.  Also, he states messing up in the military could be attributed to immaturity.  From the beginning he felt doomed by his chain of command and he should have received an honorable discharge because he was recommended for numerous awards, letters of recommendation and neither of these were taken into consideration when issued a general, under honorable conditions discharge.

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: 010731
Discharge Received: 			   Date: 010907   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 115th Field Hospital, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010517, Failure to report x 4 (010504), (010424), (010329), (001211), and without authority, leave his place of duty (001128); reduction to E-3, forfeiture of $304 pay (suspended), and extra duty for 14 days (CG). 

991026, Failure to report (990908), willfully disobeying a lawful command from a CPT (990914), dereliction of duty (990812); forfeiture of $223 (suspended), extra duty for 14 days, and restriction for 14 days (CG).

990928, Wrongful use of marijuana (990721-990810), forfeiture of $479 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG).

000726, Failure to report (000705); extra duty for 14 days, and restriction for 14 days (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980901    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 07Days ?????
Total Service:  		03 Yrs, 00Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10 Medical Spec   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Wellington, AL 
Post Service Accomplishments: The applicant states he is employed full time by Homeland Security as a security guard. 


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 July 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-pattern of misconduct for using illegal drugs and failing to report on more than one occasion with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge.  On 15 August 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

       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 issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
             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 either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
         
       The analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Pattern of Misconduct)," the separation code is "JKA," and the reentry code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       
       
       
       
       
       Regarding the applicant's issue that he should have received an honorable discharge because he was recommended for numerous awards, letters of recommendation and neither of these were taken into consideration when issued a general, under honorable conditions discharge.  The analyst considered the applicant’s entire service during the initial portion of the enlistment under review.  However, this period of  service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service as it was marred by four Article 15s for repeated incidents of misconduct. 
       
       The evidence of record shows that on 30 July 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-pattern of misconduct for using illegal drugs and failing to report on more than one occasion with a general, under honorable conditions discharge.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  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 that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Therefore, the analyst determined 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 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submittted the following documents:  DD Form 214, dated (010907); DA Form 638 (Recommendation For Award), dated (010313); Additional Duty Appointment, dated (001106); Certificate of Training, dated (010302); College Transcript (1) page; Character Letter, dated (020817); Certificate of Achievement, dated (990325); Certificate of Appreciation, dated (000901); Memorandum For Record, dated (000720); DD Form 1610 with/3 page attachment, dated (000731); Permanent Change of Station Orders, dated (010131); FEMA ID Badge; College Transcript; and a Departure Clearance Memorandum. 

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



































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 AR20090011223
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