Applicant Name:  ?????

Application Receipt Date: 2009/12/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, "I was discharged due to minor disciplinary infractions.  Those infraction consisted of being in a vehicle with an open container while being under age and having a body piercing.  Although these incidents are against military laws and regulations, I do not feel they were logical grounds for a military discharge.  I have excepted the consequences for my actions, but now that is has been about three years since my discharge I would like for my status to be upgraded."

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: 061220
Discharge Received: 			   Date: 070112   Chapter: 14-12a       AR: 635-200
Reason: Misconduct (Minor Infractions)	   RE:     SPD: JKN   Unit/Location: Maintenance Troop, Regimental Support Squadron, 2nd Stryker Cavalry Regiment, APO, AE Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061117, disobeyed a lawful command from CPT, her superior commissioned officer on or about (060901), forfeiture of $297.00 pay, extra duty and restriction for 14 days (CG)

Article 15, 060622, failed to go to her appointed place of duty on or about (060525), with intent to deceive, made an official statement to a SSG, which was false on or about (060525), broke restriction on or about (060525), forfeiture of $297.00 pay, suspended, to be automatically remitted if not vacated before (061122), extra duty and restriction for 14 days, to be automatically remitted if not vacated before (061122) (CG)

Article 15, violated a lawful general regulation by wrongfully consuming alcoholic beverages under the age of 21 on or about (060416), reduction to Private (E-1), forfeiture of $636.00 pay per month for two months, extra duty and restriction for 30 days (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: 050714    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 29 Days ?????
Total Service:  		1 Yrs, 5 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical   GT: 97   EDU: HS Grad   Overseas: Germany (060711-070112)   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 on 20 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that she consumed alcohol while under age, failed to be at her appointed place of duty, made a false official statement, broke restriction, and disobeyed a lawful command, with a general, under honorable conditions discharge.  She was advised of her rights. 
       
       The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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.  On 20 December 2006, 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, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  The analyst determined that the applicant’s discharge was appropriate because the quality of her 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 her 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 she was discharged due to minor disciplinary infractions, which consisted of being in a vehicle with an open container while being under age and having a body piercing.  She feels that they were not logical grounds for a military discharge. 
       
       Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 
       
       Furthermore, 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 14-12a,” block 26 as separation code “JKN,” and block 28, narrative reason for separation as “Misconduct (Minor Infractions).”  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority:  “AR 635-200, paragraph 14-12b,” block 26, separation code to read "JKA," and block 28, reason for separation to read “Pattern of Misconduct” as it was approved by the separation authority.  
       
       Except for the foregoing modification to the applicant's separation authority, separation code and the narrative reason for separation, 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 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 10 November 2009.

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, 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 14-12a”, block 26 separation code as “JKN”, and block 28, narrative reason for separation as "Misconduct (Minor Infractions)."  In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12b”, block 26, separation code to “JKA”, and block 28, narrative reason for separation to "Pattern of Misconduct" as approved by the separation authority.  
        
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: 'Pattern of Misconduct" under the provisions of AR 635-200, paragraph 14-12b, with a corresponding Separation Code of "JKA"
Other: No Change										
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 AR20090021942
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