Applicant Name:  ?????

Application Receipt Date: 2010/05/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Upgrade requested so I can re-enter Army, plus would look better on paper.  Have learned from previous mistake, at on time was PFC/E3.  Got a little order a little more wiser.  Really want to get back in the Army."

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: 091026
Discharge Received: 			   Date: 091207   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHC, STB, 15th SUS Bde, Fort Hood, TX 

Time Lost: AWOL x 1 for 105 days (081231-090414), surrendered.  Confinement Civil Authority for 1 day (090527-090527).  Total time lost 106 days.

Article 15s (Charges/Dates/Punishment): 090923, AWOL (081231-090415), failure to go at the time prescribed to his appointed place of duty x 6 (081205, 081205, 081206, 081207, 081216, and 081219), disobeying a lawful order from a noncommissioned officer, wrongful use of marijuana between (090315 and 090416), and stealing property of Army Air Force Exchange Service of value of about $66.00, reduction to E1; forfeiture of $699.00 pay per month for two (2) months; 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:  18
Current ENL Date: 080227    Current ENL Term: 03 Years  31 Weeks
Current ENL Service: 	01 Yrs, 05Mos, 26Days ?????
Total Service:  		01 Yrs, 05Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 42A10/Human Resources Specialist   GT: 106   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Shawaee, KS
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 26 October 2009, 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 pattern of misconduct for having received a Field Grade Article 15 (090923) for failing to be at his appointed place of duty on 7 separate occasions; disobeying a lawful order from a noncommissioned officer, testing positive for the wrongful use of marijuana, stealing property of the Army Air Force Exchange Services, and for having on (091015) been given a rights warning procedure/waiver certificate stating that he had violated the restriction set forth in his Article 15, with a general, under honorable conditions discharge.
       
       He was advised of his rights.  On 21 January 2000, 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 18 November 2009, 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(1)" and block 26 "Separation (SPD) Code " reads "JKD."  
       
       However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, which the separation code is "JKA."

       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, 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, the document, and the issues he submitted, 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 issue of wanting to reenter the Army.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       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(1)” and block 26 as separation code “JKD.”  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” and block 26, separation code to read "JKA."
       
       Except for the foregoing modifications to the applicant's Separation Authority and Separation (SPD) Code, the analyst determined that the reason for discharge, 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: 11 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, discharge order, dated 23 November 2009, Enlisted Record Brief, and DD Form 214 for the period of service under review.

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 "Paragraph 14-12c(1)," and block 26, "Separation (SPD) Code" as "JKD."  In view of the error, the Board voted to correct it and directed  ARBA Promulgation Team-Arlington to administratively correct block 25, "Separation Authority" to  "AR 635-200, paragraph 14-12b," and block 26, "Separation (SPD) Code" to "JKA."

Except for the foregoing modifications to the applicant's separation authority and separation (SPD) code, 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: NA
Other: The Board voted to direct ARBA Promulgation Team-Arlington to administratively correct block 25, "Separation Authority" to "AR 635-200, paragraph 14-12b," and block 26, "Separation (SPD) Code" to "JKA."										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

































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 AR20100015862
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