Applicant Name:  ?????

Application Receipt Date: 2009/06/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submmitted 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: 040803
Discharge Received: 			   Date: 040915   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKF   Unit/Location: B Co, 27th Main Spt Bn (Rear) (Provisional), Fort Hood, TX 

Time Lost: AWOL for 28 days (040601-040628), surrendered. 

Article 15s (Charges/Dates/Punishment): 040527, without authority, failure to report x 3 (040416), (040419), (040420); reduction to E-1, forfeiture of $278 pay, restriction for 14 days (all suspended), and extra duty for 14 days (FG).

040625, the suspension of punishment of reduction to E-1, forfeiture of $278 pay, and restriction for 14 days was vacated for new AWOL offense on or about (040601).

040302, without authority, failure to report (040120), and AWOL (040201-040203); reduction to E-2, forfeiture of $348 pay, extra duty for 14 days, and restriction for 14 days (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: 020109    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 07Mos, 09Days ?????
Total Service:  		02 Yrs, 07Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  College Park, GA
Post Service Accomplishments: The applicant enlisted in the State of Georgia Army National Guard for one (1) year on (080306), extended for six (6) years on (080818), was promoted to E-4, and currently serving in the Guard.  Also, the applicant earned a Bachelor's of Science Degree from Westwood College.



 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 August 2004, 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 AWOL (040601-040629), receiving two Article 15s and numerous counseling statements for failing to report to his appointed place of duty, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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.  
       
       The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge.  On 30 August 2004, 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 analyst noted on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 14-12c(1), and block 26, "Separation (SPD) Code" reads "JKF."  However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of "Misconduct-Commission of a Serious Offense," which the "Separation (SPD) Code" is "JKQ."
       
       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 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 acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read Paragraph 14-12c(1), and block 26, "Separation Code (SPD)" to read "JKF."  The analyst recommends that that block 25, "Separation Authority" be administratively corrected to read "Paragraph 14-12c," and block 26, "Separation Code" corrected to "JKQ."  
       Except for the foregoing modification to the applicant's Separation Authority, and the Separation (SPD) 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: 30 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 
Exhibits Submitted: The applicant submitted the following documents:  DD Form 214, dated (040915); Army Board for Correction of Military Records (ABCMR) Decision, dated (080109); Letter from Westwood College, dated (090608); Memorandum For Record, dated (090612); and DD Form 215, dated (080122).

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 directs ARBA Support Division-St. Louis to administratively correct block 25, "Separation Authority" to "Paragraph 14-12c," and block 26, "Separation (SPD) Code " to "JKQ." Except for the forgoing modifications to the applicant's Separation Authority, and the Separation (SPD) Code,  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: The Board directs ARBA Support Division- St. Louis to administratively correct block 25, "Separation Authority" to "Paragraph 14-12c," and block 26, "Separation (SPD) Code" to "JKQ."  				
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 AR20090011633
______________________________________________________________________________

Page 1 of 3 pages