Applicant Name:  ?????

Application Receipt Date: 2010/05/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is an 18 year old Soldier who returned from Iraq and had gone AWOL, and was busted for drug usage. He feels that he made mistakes and recognizes now as a mature veteran that the severity of the discharge now be re-examined and fairly adjudicated to allow for him to have access to benefits afforded all honorably discharged veterans.

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: 040526
Discharge Received: 			   Date: 040624   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Battery, Division Artillery, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: AWOL x 1 from (040224-040309) for 16 days. The applicant returned to his unit.  The DD Form 214, block 29, dates of time lost, does not show this period of AWOL.

Article 15s (Charges/Dates/Punishment): 040421, dereliction of duty, in that he failed to report to duty after signing in from leave on or about (040223-040309), failed to obey a lawful order issued by a COL on or about (040312), reduction to Private (E-1), forfeiture of $278.46 pay, suspended, to be automatically remitted if not vacated before (041021) (CG)

The suspension of the punishment of extra duty and restriction for 45 days imposed on (031212) was vacated on (040406) based on the applicant's offense of disobeying a lawful order issued by a COL on or about (040312, and dereliction of duty, in that he failed to report to duty after signing in on leave on or about (040223). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030416    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 2 Mos, 9 Days The net active service this period on the DD Form 214 block 12c is incorrect; should be: 1 year, 1 month, 23 days. 
Total Service:  		1 Yrs, 2 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 105   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (031013-040127)
Decorations/Awards: GWTSM, GWTEM, NDSM, 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 26 May 2004, 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 wrongfully used d-methamphetamine between (030906-031006), made a false official statement (041023), disobeyed a lawful order (040312), dereliction of duty by failing to report to his appointed place of duty (040223-040309), failed to report to his appointed place of duty on diverse occasions, 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.  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.  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,” block 27, re-entry code as “4” 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 27, reentry code to read “3,” and block 28, narrative reason for separation as “Pattern of Misconduct” as it was approved by the separation authority. 
       
       The analyst noted the applicant's issue that he is an 18 year old Soldier who returned from Iraq and had gone AWOL, and was busted for drug usage.  He feels that he made mistakes and recognizes now as a mature veteran that the severity of the discharge now be re-examined and fairly adjudicated to allow for him to have access to benefits afforded all honorably discharged veterans.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, the analyst noted that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 
       Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.
       
       Therefore, 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: 2 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 28 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.  

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 14-12c(2)”, block 26 separation code as “JKK”, block 27, reentry code as “4”, 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”, block 27, reentry code to “3, and block 28, narrative reason for separation to "Misconduct (Pattern of Misconduct)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined 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: "Misconduct (Pattern of Misconduct)" under the provisions of Chapter 14-12b, AR 635-200 with a corresponding separation (SPD) code "JKA." 
Other: None										
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 AR20100014802
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