Applicant Name:  ?????

Application Receipt Date: 2009/10/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 submitted by the applicant in lieu of DD Form 293.

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: 070123
Discharge Received: 			   Date: 070212   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHT, 3/61st Cav Sqd (Rear) (Provisional), 2d BCT (Rear) (Provisional), Fort Carson, CO 

Time Lost: AWOL x 2 for a total of 50 days; 20 days (060531-060619), mode of return unknown; and 30 days (060818-060917), mode of return unknown.

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

Courts-Martial (Charges/Dates/Punishment): 061219, SCM, Failure to report x 3; AWOL x 2; disobeying a lawful order; and violation of Article 112a (wrongful use of marijuana).  Punishment consisted of reduction to E1; forfeiture of $589.00; and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 051025    Current ENL Term: 03 Years  21 Weeks
Current ENL Service: 	01 Yrs, 01Mos, 27Days ?????
Total Service:  		01 Yrs, 01Mos, 27Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Specialist   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for failing to go at the time prescribed to his appointed place of duty x 3 (060428, 060502, and 060515); being AWOL x 2 (060531-060620 and 060818-060918); disobeying a lawful order from a senior noncommissioned officer (060503); and testing positive for marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 1 February 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 applicant's record contains a Military Police Report dated 26 June 2006.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4," however, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, pattern of misconduct, which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (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 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 general, under honorable conditions or 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, however, 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "4."  The analyst recommends that block 27 be administratively corrected to "3" as approved by the separation approving authority.  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.  
       
       Except for the foregoing modification to the applicant's reentry eligibility (RE) 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: 25 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 determined that the discharge was both proper and equitable and voted to deny relief.

Further, the Board directs ARBA Support Division-St. Louis to administratively correct, block 27, "Reentry Eligibility (RE) Code" to "3." 
        
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: NA
Other: The Board directs ARBA Support Division-St. Louis to administratively correct, block 27, "Reentry Eligibility (RE) Code" to "3." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090017197
______________________________________________________________________________


Page 1 of 3 pages