Applicant Name:  ?????

Application Receipt Date: 2010/04/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable, in order to be able to use the G.I. Bill. 

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: 050503
Discharge Received: 			   Date: 050526   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: E Trp, 5-15th Cav, 1st ATB, Fort Knox, KY 

Time Lost: AWOL for days 52 (050305-050425), surrendered.

Article 15s (Charges/Dates/Punishment): 050216, failed to obey a lawful policy, by wrongfully operating his motor vehicle on post (050107); and wrongfully using amphetamine and dextro methamphetamine (050101-050103); reduction to E-2, forfeiture of $692 pay x 2 months (one month suspended), extra duty for 45 days, and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 020506    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02 Yrs, 11 Mos, 00 Days ?????
Total Service:  		05 Yrs, 01 Mos, 19 Days ?????
Previous Discharges: 	RA-000216-020505/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10 D3 Cavalry Scout   GT: 86   EDU: GED   Overseas: Germany/Kosovo   Combat: None
Decorations/Awards: ARCOM, AAM-4, AGCM, ASR, OSR, NATO MDL

V.  Post-Discharge Activity
City, State:  Moneta, VA 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 May 2005, 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 misconduct—pattern of misconduct for committing a series of disciplinary actions, to include failing a command urinalysis, absent without leave, and being dropped from the unit and military rolls, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
        
       
       On 5 May 2005, 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 23 May 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " reads "JKK," block 27 "Reentry Eligibility (RE) Code" reads "4," and block 28, "Narrative Reason For Separation" reads "Misconduct."    
       
       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 during the period of enlistment under review and the issue submitted with the application, 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 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 desires to use the G.I. Bill for college.  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. 
       
       Also, the analyst found that someone in the separation 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 (SPD) Code " as "JKK," and block 27 "Reentry Eligibility (RE) Code" as "4."  The analyst recommends that block 25, "Separation Authority" be administratively corrected  to "AR 635-200, paragraph 14-12b," block 26 "Separation (SPD) Code " to read "JKA," block 27 "Reentry Eligibility (RE) Code" to "3," and block 28, "Narrative Reason For Separation" to   "Pattern of Misconduct,"as approved by the separation approving authority.
       
       Except for the foregoing modifications to the applicant's Separation Authority, Separation (SPD) Code, an the Reentry Eligibility (RE) 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: 19 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293

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 voted to direct ARBA Promulgation Team-Arlington to administratively correct block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12b," block 26 "Separation (SPD) Code " to read "JKA," block 27 "Reentry Eligibility (RE) Code" to read "3," and block 28, "Narrative Reason For Separation" to read "Pattern of Misconduct."

Except for the foregoing modification to the applicant's Separation Authority, Separation (SPD) Code, Reentry Eligibility (RE) Code, and the Narrative Reason For Separation, 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 5    No change 0
(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: NA										
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 AR20100013567
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