Applicant Name:  ?????

Application Receipt Date: 2009/09/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the separation code states that he was discharged for drug abuse, when it should be for going AWOL and the reentry code he was told by the recruiter, it should be a re code 3 for his offense. He believes the paper work was typed in error being as he has records stating discharge for AWOL. He is trying to reenter the Army to better his family. He has a wife and 2 children and would like to protect their futures and serve for them. He has matured a lost since his incident and would like to make something of himself.

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: 040305
Discharge Received: 			   Date: 040326   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Company B, 46th Adjutant General Battalion, (Reception), 1st Armor Training Brigade, Fort Knox, KY 

Time Lost: AWOL x 1 for a total of 33 days from (040103-040205). The applicant returned to his unit. 

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

Courts-Martial (Charges/Dates/Punishment): 040212, Summary Court-Martial-for AWOL from (040103-040203). The applicant was sentenced to forfeiture of $795.00 pay and to be confied for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030807    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0 Yrs, 6 Mos, 16 Days ?????
Total Service:  		0 Yrs, 6 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the unit commander notified the applicant, which is undated of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he absent himself from his unit on 31 January 2004 and did remain in so absent until 3 February 2004, and has not conducted himself in a manner consistent with the time honored customs and traditions of the Army, with a characterization of service of entry level separation uncharacterized.  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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

       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, 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 determined that 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 the 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 issues that his separation code indicates he was separated for drug use; he was immature and he would like to reenter the Army.  The analyst noted that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 
       
       If the applicant desires to reenlist, he should contact the local recruiter to determine his 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. 
       
       Additionally, notwithstanding the propriety of the applicant's discharge, the record shows 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 separation code as "JKK," and block 27, reentry eligibility (RE) code as “4.” 
       
       In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority as AR 635-200, paragraph 14-12c, block 26, separation code as "JKQ;" and block 27, reentry eligibility (RE) code as "3," which was approved by the separation authority.  Except for the foregoing modifications, as stated above, the analyst determined that the discharge was both proper and equitable.
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a copy of his DD Form 214 for the period of service ending 26 March 2004, a copy of his DD Form 4856, Developmental Counseling Form and a copy of his DD Form 2329, Record of Trial by Summary Court-Martial, dated 12 February 2004. 

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the propriety of the applicant's discharge, the Board 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 separation code as "JKK," and block 27, reentry eligibility (RE) code as “4.”  In view of the error, the Board voted to direct that an administrative change be made to block 25, separation authority as AR 635-200, paragraph 14-12c, block 26, separation code as "JKQ;" and block 27, reentry eligibility (RE) code as "3," which was approved by the separation authority.  Except for the foregoing modification to the applicant's DD Form 214, blocks 25, 26, and block 27, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.
        
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 voted that an administrative correction be made to block 25, separation authority as AR 635-200, paragraph 14-12c, block 26, separation code as "JKQ;" and block 27, reentry eligibility (RE) code as "3," which was approved by the separation authority.  Except for the foregoing modifications, as stated above, the analyst determined that the discharge was both proper and equitable.										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change














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 AR20090016500
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