Applicant Name:  ?????

Application Receipt Date: 2009/09/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was very young (age 17) going into the Army and did not realize the responsibility of the military.  My parents gave me the proposition to do it on my own.  I have held part time jobs to allow me to live in an apartment (my mail goes to my parents home because of mail being taken from my apartment). I have worked and lived on in my own apartment since 2/2008 (see electric bill letter shows proof of payment and residence). It has been a struggle but a continuing learning experience. I did not realize how much better if I would have stayed in the military. I have stayed out of trouble with no criminal record (except traffice tickets which are paid). I am getting ready to start college on 8/24/09 to Aiken Technical College in Graniteville, SC to major in Game Art Design using financial aid that is availiable to me and working parttime to cover other costs."

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: 071206
Discharge Received: 			   Date: 071212   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: D Co, 369th AG Bn, USASSI, Fort Jackson, SC 

Time Lost: AWOL x 1 for 2 days (071105-071106), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 070813, Feign illness x 2 (070725 and 070727), and willfully and unlawfully alter a public record (070723), reduction to E1; and 14 days of extra duty and restriction, (CG).

071108, Stealing consumer goods including but not limited to portable play stations, DVD's and games, items of value of more than $1000.00 from the Army & Airforce Exchange Services (AAFES) on or about (070805 to 070910), forfeiture of $651.00 for 2 months, and 45 days extra duty and restriction, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 070206    Current ENL Term: 04 Years  20 Weeks
Current ENL Service: 	00 Yrs, 10Mos, 05Days ?????
Total Service:  		00 Yrs, 10Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 6 December 2007, 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 having stole consumer goods of a value of more than $1000.00 (070805), having gone AWOL on several different occasions, displaying conduct that had been discreditable and prejudicial to good order and discipline including conduct that at times had violated accepted standards of personal conduct found in the UCMJ, Army Regulations, civil laws, and time-honored customs and traditions of the Army, with an under other than honorable conditions discharge.
       
       He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 10 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 24, character of service reads General, Under Honorable Conditions, block 25, separation authority reads "AR 635-200, Para 14-12c(1); block 26, separation code reads "JKD" and block 27, reentry (RE) code reads "4."  However, 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 under other than honorable conditions.  According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an separation authority of "AR 635-200, Para 14-12c"; separation code of "JKQ," and a reentry (RE) code of "3."

       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 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 applicant contends that he was very young going into the Army and did not realize the responsibility of the military, however, the analyst determined 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.
       
       
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the 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.
       
       Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 24 "Character of Service" to read "General, Under Honorable Conditions", block 25, "Separation Authority" to read "AR 635-200, Paragraph 14-12c(1)," block 26, "Separation (SPD) Code" to read "JKD," and block 27," "Reentry (RE) Code" to read "4."  The analyst recommends that block 24, "Character of Service" be administratively corrected to "Under Other Than Honorable Conditions," block 25, "Separation Authority" to "AR 635-200, Paragraphs 14-12c," block 26, "Separation (SPD) Code" to "JKQ," and block 27," "Reentry (RE) Code" to "3" as approved by the separation approving authority.
       
       Except for the forgoing modification to the applicant's Character of Service, Separation Authority, Separation (SPD) Code, and the Reentry 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: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Two letters from Georgia Power, Course Schedual dated 31 August 2009, DD Form 214 for the period of service under review.

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 administratvely correct block 24, "Character of Service" to "Under Other Than Honorable Conditions," block 25, "Separation Authority" to "AR 635-200, Paragraphs 14-12c," block 26, "Separation (SPD) Code" to "JKQ," and block 27," "Reentry (RE) Code" to "3."  Except for the forgoing modifications to the applicant's Character of Service, Separation Authority, Separation (SPD) Code, and the Reentry 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: Misconduct (Serious Offense)
Other: The Board directs ARBA Support Division-St. Louis to administratvely correct block 24, "Character of Service" to "Under Other Than Honorable Conditions," block 25, "Separation Authority" to "AR 635-200, Paragraphs 14-12c," block 26, "Separation (SPD) Code" to "JKQ," and block 27," "Reentry (RE) Code" to "3."										
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 AR20090016574
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