Applicant Name:  ?????

Application Receipt Date: 2009/06/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "This record needs to be rectified because I was an obedient Soldier and never was reprimanded until arriving at Walter Reed in Washington, DC in which I was medically evacuated from Iraq.  I arrived at WRAMC at a time when WRAMC was highly criticized for it's lack of organization.  I admit to having made mistakes while at WRAMC, but none worthy of receiving a JKQ separation code.  I was deployed for 8 months in which they discovered I had precancerous skin cancer cells.  At this time I was sent to WRAMC.  I was treated at WRAMC but was told I would have to return to Iraq immediately.  This was the point when I resisted military constraint and instead thwarted their demands and applied for community colleges.  I now have received my AA and will be attending eigher NYU or Manhatten College this September to completed my BA and will eventually go into law school.  I like I stated earlier, I have made my mistakes but none of abonimable significance.  I am an OIF Veteran but am not accredited as such.  I have put a lot of time and effort into the military and believe that I did my fair share.  However, my current separation code and narrative reason for separation prevents me from receiving any of my well deserved benefits.  I worked hard to be accepted to many of New York's fine undergraduate schoos including New York University and Manhattan College, yet, I do not receive recognition for my military enlistment.  I want to proudly state that I was in the military without feeling humiliated, apologetic or bashful of my discharge, which I feel is erroneous.  Any assistance is much appreciated.  Thank You." 

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: 070827
Discharge Received: 			   Date: 070927   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Co Warriors, Walter Reed, DC 

Time Lost: AWOL x 1 for 9 days (070618-070626), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 070713, AWOL (070618-070626); failure to go at the time prescribed to her appointed place of duty (070615); derelict in the performance of her duties (070613); and wrongful use of marijuana (070301), Reduction to E1; forfeiture of $650.00 per month for two months; 45 days extra duty; and 45 days restriction, (FG).

070823, Failure to go at the time prescribed to her appointed place of duty x 2 (070727 and 070727); and disobeying a lawful command from a commissioned officer, forfeiture of $303.00; 14 days of extra duty; and 14 days of restriction, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 051109    Current ENL Term: 02 Years  24 Weeks
Current ENL Service: 	01 Yrs, 10Mos, 10Days ?????
Total Service:  		01 Yrs, 10Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Ops Sp   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: The applicant makes reference to having been medically evacuated from Iraq, however, the records makes no reference to the applicant having served in Iraq.
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that she has received her AA.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 August 2007, 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 and pattern of misconduct for going AWOL (070618-070626); wrongfully using a controlled substance between on or about (070201 and 070301); failing to report to her appointed place of duty x2 (070615 and 070727); dereliction of duties (070613); and willfully disobeying a commissioned officer on (070726), with a general, under honorable conditions discharge. 
       
       She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board, and did not submit a statement in her 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 a general, under honorable conditions discharge.  On 21 September 2007, 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 applicant's record contains a Military Police Report dated 1 March 2007.

       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 document, and the issues she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her 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 issues of minor misconduct, benefits, and narrative reason changes.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct-Serious Offense” and the separation code is "JKQ."  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 and separation code, entered in block 26 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.  
       
       Furthermore, reference the applicant military benefits, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 19 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 for the period under review.

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: 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 AR20090011526
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