Applicant Name:  ?????

Application Receipt Date: 2010/03/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was informed I would be able to reenlist after 2 years according to my separation packet in IPERMS. I have an incorrect reentry code of 4. I was informed I would receive a reentry code that would allow me to reenlist. I believe a 3. Also I had a Entry Level Separation and was told it would be coded as such, not as misconduct. I took an Article 15 to not continue training so I could return home to my wife whom stated she would divorce me if I did not quit the military. I have strong religious beliefs and do not believe in divorce, so regretfully I needed to come home to ensure my marriage did not falter. This is not what I wanted to do, but felt I had to. Again, I was informed at Fort Jackson that it would be an Entry Level Separation in box 26 and box 28, not Misconduct. My discharge in Box 24 is correct as I was told it would be Uncharacterized. Please review Boxes 25 through 28 on Form DD 214."

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: 080522
Discharge Received: 			   Date: 080604   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 120th AG Bn, Fort Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080520, willfully disobeyed a lawful order from a noncommissioned officer (SSG), to report to the ship line and ship to basic training x 2 (080512), (080513); reduction to E-1, and forfeiture of $290 pay x 1 month (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 080505/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 01Mos, 00Days ?????
Total Service:  		00 Yrs, 07Mos, 05Days ?????
Previous Discharges: 	ARNG-071030-080504/NA
                                        (Concurrent Service)
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Holly Springs, MS 
Post Service Accomplishments: None Listed


 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 March 2008, 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 disobeying a lawful order from a noncommissioned officer (SSG), to report to the ship line and ship to basic training x 2 (080512), (080513), with service uncharacterized.  He was advised of his rights.  
       
       On 22 May 2008, the applicant waived 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 service uncharacterized.  
       
       On 29 May 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of uncharacterized.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." 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, 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 thee period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge. 
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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 that the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, while he was in an entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  
       
       The analyst noted the applicant's issue requesting his narrative reason to be changed, however, the narrative reason for separation is governed by specific directives.   The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct, Serious Offense" and the separation code is "JKQ," and the reentry code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       The applicant contends that he needed to come home to ensure his marriage did not falter.  The applicant had many legitimate avenues (i.e., chaplain, Family Advocacy Program, and Social Worker), through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       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."  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.
       
       Except for the forgoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the narrative for separation was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: two (2) Online Applications, dated (100213); DD Form 293, (100222); NGB Form 22, dated (080630); DD Form 214, dated (080604); and a partial Chapter 14 discharge Packet consisting of six (6) 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 Promulgation- Arlington to administratively correct block 27, reentry eligibility (RE) code to "3."  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the narrative reason for separation was both proper and equitable and  voted not ot 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 directs ARBA Promulgation- Arlington to administratively correct block 27, reentry eligibility (RE) code to "3." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None


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 AR20100010207
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