Applicant Name: ?????
Application Receipt Date: 2009/07/13 Prior Review: Prior Review Date: 22 January 2009 upgraded to HD from GD 3-2.
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the applicant. The applicant states" am very sorry for the offenses that i committed while i was in the U.S Army 1/7th sfg unit which was a miss use of my government credit card and lying to my company commander about it because i got scared and first thing that crossed my mind was to say that i didn't do it! The punishment that was given to me was a fair punishment ...i deserved it. But being out of the military is a even worse punishment. I want to get back in the US Army to do what i have been trained to do ,and that is to be a diesel mechanic and serve my country which i love . I love the U.S Army! The best years of my life was when i joined and was part of it and i wish to live and serve my country.I am asking the bored members to change my re-entry code and seperation code from a 3 to a 1. So i can go back to the US Army.i would like to stand infront of the board members so i can explain myself and get in As soon as possible"
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: 070620
Discharge Received: Date: 070718 Chapter: 14-12c AR: 635-200
Reason: Misconduct, (Serious Offense) RE: SPD: JKQ Unit/Location: SC, 1st Bn, 7th Special Forces Group (Airborne) (Rear) (Provisional) Ft. Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070503 wrongfully use a Government Travel Card not incident to official travel between 060923-061215; reduction to E-1, suspended; forfeiture of $767.10 for two months, suspended; restriction and extra duty 45 days, suspended, (FG)
070623, suspension of sentence imposed on on 3 May 2007 was vacated, for with intent to deceive made an official statement to a CPT which was false.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 30
Current ENL Date: 050317 Current ENL Term: 3 Years 22 weeks
Current ENL Service: 02 Yrs, 04Mos, 02Days ?????
Total Service: 02 Yrs, 04Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 62B1P Construct Equip Rep GT: 87 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Hollywood, FL
Post Service Accomplishments: Nothing provided by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor misuse of a government credit card (060923-061215), 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 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 26 June 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 received an upgrade to HD by the Army Discharge Review Board, 22 January 2009.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldiers service is so meritorious that any other characterization would be inappropriate. 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 applicants military records and the issue submitted with the application, the analyst found no mitigating factors that would merit a change of the applicant's discharge. The applicant received an upgrade to HD by the Army Discharge Review Board, 22 January 2009.
Furthermore, 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 14-12c, 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.
Further the analyst acknowledges the applicant's in service accomplishments stated in his application. However, the analyst did not find the said accomphlishemtns sufficiently mitigating to warrant an upgrade or change of the discharge under review. In view of the foregoing the analyst determined that the reason for discharge were both proper and equitable, and recommends to the Board to deny relief.
At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
Therefore, the analyst determined that the reason for discharge and the reentry eligibility (RE) code of 3. 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: 20100419 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: Letters from his mother and his wife.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 0
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090011738
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080004822
Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states: "I am writing to you to have my discharge changed from a code 3 to a code 1 and have my discharge changed from a general Under Honorable Conditions too a Honorable Conditions. On 26 June 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. Board Action Directed President,...
ARMY | DRB | CY2008 | AR20080002744
Facts and Circumstances: Evidence of record shows that on 25 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor wrongful use of cocaine (061212-061215), with a general, under honorable conditions discharge. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 25 January 2007, the separation authority waived...
ARMY | DRB | CY2009 | AR20090016180
Applicant Name: ????? On 18 March 2009, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.
ARMY | DRB | CY2008 | AR20080013543
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions.
ARMY | DRB | CY2008 | AR20080000285
Facts and Circumstances: The evidence of record shows that on 10 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for failure to report x 5 (061207), (061208), (061212), (061215) and (070104); arrested for domestic violence between (070618-070721); and AWOL (070723-070724), with a general, under honorable conditions discharge. The intermediate commander...
ARMY | DRB | CY2009 | AR20090005573
Applicant Name: ????? However, in review of the applicants entire service record, absent specific facts about the circumstances which led to the discharge, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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: NA ARMY...
ARMY | DRB | CY2009 | AR20090013564
Facts, Circumstances, and Legal Basis for Separation a. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2009 | AR20090015072
On 2 March 2007, the separation authority disapproved the applicant's initial conditional waiver (2 November 2006) and appointed an administrative separation board to consider and recommend whether the applicant should be discharged from the Army, and if so, whether the characterization of the discharge should be honorable, general, under honorable conditions, or under other than honorable conditions. On 6 March 2007, the separation authority approved the unconditional waiver (28 February...
ARMY | DRB | CY2008 | AR20080017268
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. The DD Form 214 indicates that 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, with a characterization of service of general, under honorable conditions. Board Action Directed...
ARMY | DRB | CY2010 | AR20100018230
Applicant Name: ????? The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status. 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...