Applicant Name:  ?????

Application Receipt Date: 2010/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I served my country for a little less than two years. While serving I’ve learn discipline, respect, and most of all how to be a better man. I realize what I’ve done, and every day I kick myself for it. The army will always be my life, because coming fresh out of high school and transforming into a solider is the best thing that has happen to me, other than the birth of my son. What I did was unacceptable, and the actions by my unit were painfully correct, but I feel as if the actions should have not been an discharge, I did not even get an article 15 It’s very hard to adjust to the civilian life, and on top of that no one is willing to hire me with the reason of separation. I’ve been getting unemployment for the past 6 months to take care my wife and son. 

Sometimes the unemployment hasn’t been enough to get by, and I was forced to go days without eating, because I rather my wife and son eat, and if anything is left over I’ll be able to. But then again I caused this on myself, so if my discharge and reason for separation does not get change ill man up and do what I got to do. I wish I could turn back the hands of time and make the right decisions. My unit was just about to deploy before I got discharge, I wish at this moment I could be overseas serving with them. I was a bright, self-motivated solider. I loved coming to work at 0545 to do PT, go back to the barracks change, come to back to work in the supply room all day, and then do it all again the next day. I feel my discharge and reason for separation should be looked over and change because I was a great solider. I always ask my SGT is there anything else more I could do for the company.  I never got an article 15, no
negative counselings, always came to work on time in the proper uniform, always respected my seniors, passed all my PT test, and with all that said I got up to the rank of SPC.  If my discharge and reason of separation could be change, I will able to get a decent job and provide for my family. Thank you for taking the time out and reading my reasoning."

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: NIF
Discharge Received: 			   Date: 091007   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Bravo Company, 1st Battalion, 30th Infantry Regiment, 2nd Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 071113    Current ENL Term: 3 Years  2 weeks
Current ENL Service: 	1 Yrs, 10 Mos, 25 Days ?????
Total Service:  		2 Yrs, 10 Mos, 9 Days ?????
Previous Discharges: 	USAR 061109-071112/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (dates-NIF)
Decorations/Awards: AAM, NDSM, ASR, OSR

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 applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense) with a reentry eligibility (RE) code of "3."  The evidence of record further shows that on 30 September 2009, DA, HQ, 3rd Infantry Division, Fort Stewart, GA issued Orders 273-0006 discharging the applicant from the Regular Army, with an effective date of: 7 October 2009.  

       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 available military records, the issue and document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant’s discharge or a change to the narrative reason for separation.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct—commission of a serious offense, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       Additionally, The applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)” and the separation code is "JKQ."  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 analyst noted the applicant's issue that no one is willing to hire him due to the narrative reason for separation on his DD Form 214 and that he has been getting unemployment for the past 6 months to take care of his wife and son.  He would like to get a decent job and provide for his family.  The analyst understands the applicant's dire situation he outlines in his issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and 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: 12 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 7 April 2010, Character Reference Letter dated 5 April 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 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: No Change
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 AR20100012980
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