Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like to use his GI Bill and has already completed 28 months of school and would like to go back to complete his associates in electronics and science. He served 2 years and got an honorable discharge and then reenlisted and went to another duty station, and at that duty station he had gotten a divorce and was having family issues that turned his career for the worse.  

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: 011003
Discharge Received: 			   Date: 011029   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Troop, 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010423, failed to go to his appointed place of duty on or about (010416), reduction to PFC (E-3), forfeiture of $323.00 pay, both suspended, to be remitted if not vacated before (011020), restriction and extra duty for 14 days (CG)

Article 15, 010919, wrongfully used marijuana between on or about (010707-010807), reduction to PV1 (E-1), forfeiture of $521.00 pay per month for 2 months, and extra duty for 45 days (FG)

The suspension of the punishment of reduction to PFC (E-3), forfeiture of $323.00 pay imposed on (010423) was vacated, effective (010813) based on the applicant's following offense; failed to go to his appointed place of duty on (010809).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/000418    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 6 Mos, 12 Days ?????
Total Service:  		3 Yrs, 6 Mos, 14 Days ?????
Previous Discharges: 	RA 980416-000417/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63T10 Bradley Fighting Veh System Mech   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has already completed 28 months of school and would like to go back to complete his Associates in Electronics and Science.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 October 2001, 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 he tested positive for marijuana on a command directed urinalysis test on (010807) and received a Field Grade Article 15, failed to provide required child support to his wife for at least seven months since September 2000, failed to make payments on his balance of $150.30 to Military Star Contact Center in July 2001, failed to be at his appointed place of duty x 3, one of which resulted in a Company Grade Article 15 in April 2001, and one of which resulted in a vacation of the same Article 15 in August 2001, with a general, under honorable conditions discharge. 
       
       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.  On 22 October 2001, 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 of this regulation 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, 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 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 issue that he would like to use his GI Bill and has already completed 28 months of school and would like to go back to complete his associates in electronics and science.  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.
       
       The applicant further contends that he served 2 years and got an honorable discharge and then reenlisted and went to another duty station, and at that duty station he had gotten a divorce and was having family issues that turned his career for the worse.  While the applicant may believe that his family issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his family issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, and Community Counseling Center, available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 
       
       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 14-12c(2),” block 26 as separation code “JKK,” and block 28, narrative reason for separation as “Misconduct.”   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 modifications, the analyst determined that the discharge 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: 17 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 23 March 2010.

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 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 28, narrative reason for separation as "Misconduct."  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.  Except for the foregoing modifications, the Board determined that the 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: "Pattern of Misconduct" under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, with a corresponding SPD code "JKA" and issued a new DD Form 214.
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 AR20100012312
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