Applicant Name:  ?????

Application Receipt Date: 2009/07/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was accused and discharged for an allegation that I didn't commit.  I was assigned to the unit that did commit the acts of beating detainees while deployed to Iraq, but I was not involved.  In fact, I was at the Company CP on the date these acts supposedly happened.  There was no witness statements that included me in these acts, nor an investigation done on me for committing any act. I was not properly informed of my rights by my chain of command and I feel that I was discharged something that I did not do.  I also feel like I was accused because I did not testify against the alleged SSG who was accused of beating detainees.  After his court-martial trail was won by him, my chain of command then started to involved me and began to process me out of the military."

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: 031207
Discharge Received: 			   Date: 040110   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: HHD, 1/36st Inf Bn, Giessen Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 020626    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 15Days ?????
Total Service:  		06 Yrs, 01Mos, 00Days ?????
Previous Discharges: 	ARNG-971211-980120/NA
                                       ADT-980121-980605/UNC
                                       ARNG-980606-990810/HD
                                       USAR-990811-020625/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91W20/Health Care Specialist   GT: 117   EDU: HS Grad   Overseas: Germany, Southwest Asia, El Salvador   Combat: Iraq (030511-031213)
Decorations/Awards: AAM, NDSM, NCOPDR, ASR, OSR, CMB

V.  Post-Discharge Activity
City, State:  Little Rock, AR
Post Service Accomplishments: Records show that the applicant enlisted in the Army Reserve 5 December 2007 for a period of 6 years in the grade of E5.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records.  However, the record shows that on 7 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense for having been revealed through a CID investigation 12 June 2003, as having participated in the wrongful physical and mental abuse of civilian detainees and failure to stop other members of his squad from physically abusing civilian detainees, with a general, under honorable conditions discharge.  
       
       The applicant's record also contains an incomplete copy of his election of rights.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.
       
       The intermediate commander's recommendation and the separation authority's memorandum directing that the applicant be discharged with a characterization of service of general, under honorable conditions are not contained in the available record and the analyst presumed government regularity in the discharge process.
       
       The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(1), AR 635-200, by reason of misconduct with a general, under honorable conditions separation of service.  Furthermore, the DD Form 214 shows a Separation Code of JKD (i.e., misconduct-AWOL) with a reentry eligibility (RE) code of 3. 
       
       The analyst noted that on the applicant's DD Form 214 block 25, separation authority reads "AR 635-200, Para 14-12c(1)," and block 26, separation code reads "JKD."  However, records show the separation action was initiated under the provisions of Chapter 14, Paragraph 14-12, AR 635-200, misconduct—commission of a serious offense, which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires the separation authority of "AR 635-200, Paragraph 14-12c," and a separation code of "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, but a general discharge 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 documents, and the issues he 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 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.  
       
       The analyst noted the applicant's issue that he was accused and discharged for an allegation that he didn't commit.  However, CID investigation revealed that the applicant participated in the wrongful physical and mental abuse of civilian detainees and failed to stop other members of his squad from physically abusing civilian detainees.
       
       Furthermore, the applicant contends he was not properly informed of his rights by his chain of command, however, the applicant's notification of separation dated 7 December 2003, shows that the applicant was notified in accordance with Chapter 2, paragraph 2-2, AR 635-200, that he had the right to consult with counsel within a reasonable time (not less than 3 duty days), and that he may also consult with a civilian counsel at his own expense.  Further, 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.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, separation authority "AR 635-200, Para 14-12c(1)," and block 26, separation code "JKD."  The analyst recommends that block 25 be adminstratively corrected to "AR 635-200, Paragraph 14-12c," and block 26 to "JKQ."
       
       Except for the foregoing modification to the applicant's separation authority and the separation code, 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: 14 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: CID Report dated 20 August 2003 and supporting documents (103 pages).

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 read "AR 635-200, Paragraph 14-12c," and block 26, "Separation Code to read "JKQ."

Except for the foregoing modification to the applicant's separation authority and separation 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 1    No change 4
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: The Board directs ARBA Support Division-St Louis to administratively correct  block 25 "Separation Authority "to read "AR 635-200, Paragraph 14-12c," and block 26, "Separation Code to read "JKQ."										
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 AR20090012573
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