Applicant Name:  ?????

Application Receipt Date: 2009/07/06	Prior Review:     Prior Review Date: 080404, denied   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that his ability to service was impaired by his deprived background and his personal and family problems, he was young and immature and his use of drugs.  He was generally a good soldier and has become a good citizen since discharge.  Clemency is warranted because it is an injustice for him to contine to suffer the adverse consequences of a bad 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: 990525
Discharge Received: 			   Date: 990707   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Co, 1/13th Armor, Ft Riley, KS 

Time Lost: AWOL 6 days (971123-971128) return to unit; civilian confinement 4 days (971129-971202), AWOL 43 days, (980210-980309) apprehended; total 53 days lost time 

Article 15s (Charges/Dates/Punishment): 980122, AWOL (971123-971203), reduction to E1, forfeiture of $450 per month for two months, extra duty and restriction for 45 days (FG).

980520, AWOL (980210-980310) and fail to go at the time prescribed (980403), forfeiture of $463 pay per month for two months, suspended, to be automatically remitted if not vacated before 981116, extra duty and restriction for 45 days (FG).

980824, AWOL (980803) from the PT formation and failure to report; 14 days extra duty and 7 days restriction (Summ).

990521, wrongful use of marijuana (990313-990412), reduction to E1, forfeiture of $300 pay per month for two months, extra duty and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 970108    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 04Mos, 22Days ?????
Total Service:  		2 Yrs, 04Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 54B10 Chemical Ops Sp   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Southfield, MI
Post Service Accomplishments: The applicant states that he works full-time as a Security Officer for a major company, while he attends college in pursuit of a degree in Criminal Justice. Further, he submits four character support letters, State of Michigan Ward of Court Documentation, Current State of Michigan Police Authority Clearance Documentation and additional supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 May 1999, 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 commission of a serious offense for wrongful use of a controlled substance (990513-990412), failure to be at the appointed place of duty x2 (990416 and 980803), AWOL x2 (980210-980310 and 971123-971203), and charges of communicating a threat, unlawful entry, assault, and damage to private property of a female soldier (990326), with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 25 May 1999, 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 Army 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 11 June 1999, 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 record contains a Serious Incident Report with the applicant as the Subject for communicating a threat, unlawful entry, assault and damage to private property dated 990326.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       The analyst noted his contention that it is an injustice for him to suffer from a bad conduct discharge; however, the applicant’s discharge was appropriate because the quality of the former Soldier’s 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 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 issues and 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.  
       Further, 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.
       Tthe analyst noted the applicant’s issues reference his personal problems, family issues and drug use but determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 as separation code JKK, block 27 reentry code to 4, block 28, narrative reason for separation as Misconduct.   The separation authority approved the applicant be discharged under provisions of Chapter 14-12c.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read Chapter 14-12c, block 26, separation code to read "JKQ", block 27 reentry code to read 3, and block 28, reason for separation to read “Misconduct (Commission of a Serious Offense).   
       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: 24 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans, Attention:  Mr. Todd Peddle, Federal Building, 477 Michigan Ave., Room 1200, Detroit, MI 48226.

Witnesses/Observers: Ms. Cortney Cunningham, Social Worker Advocate 

Exhibits Submitted: DD Form 214, self-authored statement (4 pages), Disabled America Veterans (1 page), Maslow's Hierarchy of Needs (5 pages), Letters of Character Reference (4 pages), City of Southfield (1 page), Child Protection Services (5 pages)

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.  However, the Board noted that someone in the discharge process erroneously entered on the DD Form 214, block 25  separation authority as 14-12c(2), block 26 separation code as JKK, block 27 Reentry Code, as RE 4 and block 28 narrative reason as Misconduct. The Board directed ARBA St. Louis to administratively correct block 25  to read "14-12c", block 26 to read "JKQ", block 27 to read "3" and block 28 to read "Misconduct, (Commission of a Serious Offense)".
        
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: Misconduct, Commission of a Serious Offense
Other: SPD Code JKQ and Separation Authority 14-12c										
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 AR20090012049
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