Applicant Name:  ?????

Application Receipt Date: 2010/07/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant did not submit an issue of equity or propriety to be considered by the board.

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: 020205   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 16TH Quartermaster Company, 49th Special Troops Battalion, Fort Lee, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010226, failed to obey a lawful general regulation by wrongfully failing to sign out or in from leave, which was his duty to obey x 2 (010126) and (010202),reduction to Private (E-2), forfeiture of $272.00 pay (suspended for 30 days), and 14 days of extra duty(CG)

010430, wrongfully used marijuana on or about (010323), reduction to Private (E-1), forfeiture of $521.00 pay per month for two months and extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 990929    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 4 Mos, 7 Days ?????
Total Service:  		2 Yrs, 4 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92S10 Laundry & Textile Spec   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: 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 unit commanders letter notifying the applicant of his intent to initiate separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct is not in the available record and and the analyst presumed government regularity in the discharge process.  However, on 6 August 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action under the provisions of AR 635-200, Chapter 14-12b, by reason of a pattern of misconduct, and its effects; and the rights available to him, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 15 January 2002, 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 record contains a CID Report of Investigation in reference to the applicant's offense of wrongfully using marijuana dated 27 March 2001. 

       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 and document 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.  
       
       Additionally, the analyst noted that the applicant did not submitted an issue of equity or propriety for the boards consideration.
       
       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, block 26 as separation code “JKQ" , 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, separation authority, AR 635-200, paragraph 14-12b, block 26, separation code to "JKA" and block 28, reason for separation to “Pattern of Misconduct” which was approved by the separation authority.  Except for the foregoing modifications, as stated above, the analyst determined 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: 8 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 March 2010, Character Reference Letter from the applicant's employer dated 9 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 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”, block 26 separation code as “JKQ”, 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: block 25, separation authority to AR 635-200, Chapter 14, paragraph 14-12b, block 26, separation code to "JKA" and block 28, narrative reason for separation to "Pattern of Misconduct." 
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 AR20100019899
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