Applicant Name:  ?????

Application Receipt Date: 2010/11/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I am wanting my character of service to be changed and my narrative to be changed so I can serve the United States Army in a good way.  I was a squared away soldier through bct and through my training as a 25B when I was in school. I graduated the 25B school but I was held over becuase I could not pass the APFT. I got discharged and started down a wrong path. I lost my military baring and went of post when I wasn't allowed to. I got multiple article 13's and one at field grade level.

I simply gave up and was young and stupid. Since I could not pass the APFT my company commander drew up discharge paper work and gave me a chapter 14 with patterns of misconduct and an re code of 3 JKA. I have been out for a little over a year now and am wanting to re-enter the Army, but since I have a chapter 14 with patterns of misconduct and a re-entry code of 3 I cannot. I love the Army and wish to serve in an honorable way. I have grown up and had a eye opening awakening. 

I know that if i were granted another chance I could be an asset to the Army. I have the smarts to take on any mos. I just wish I could have a second chance at proving my alligance and my patriotism to the united states. I want to serve and defend my country. I did not request to appear in front of the Board in hopes that it would speed the process up in hopes of returning to serving my country faster."

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: 090721
Discharge Received: 			   Date: 090804   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Company, 447th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA 

Time Lost: AWOL x 4 from (080727-080728) for 2 days, (090213-090216) for 4 days, (090425-090426) for 2 days, (090523-090525) for 3 days.  The applicant retuned to his unit from each period of AWOL.  Total time lost was 11 days.

Article 15s (Charges/Dates/Punishment): 090602, AWOL from (090523-090525), forfeiture of $326.00 pay per month for 1 month, extra duty and restriction for 14 days (CG)

090430, AWOL from (090425-090426), forfeiture of $326.00 pay per month for one month, extra duty and restriction for 14 days,  (CG)

090303, AWOL from (090213-090216), reduction to Private (E-1), forfeiture of $699.00 pay per month for two months; however, $699.00 pay was suspended, to be automatically remitted if not vacated before (090415), extra duty and restriction for 45 days (FG)

080813, AWOL from (080727-080728), forfeiture of $314.00 pay was suspended, to be automatically remitted if not vacated before (080911), extra duty and restriction for 7 days, suspended, to be automatically remitted if not vacated before (080911), (CG)

090318, failed to go to his appointed place of duty on or about (090427-090428), extra duty and restriction for 7 days, (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 080203    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 21 Days ?????
Total Service:  		1 Yrs, 5 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 21 July 2009, 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 has several AWOL's and failed to repair's, with a general, under honorable conditions discharge.  He was advised of his rights.  On 21 JUly 2009, the applicant waived 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 3 August 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. 

       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.  
       
       The analyst noted the applicant's issue that he simply gave up and was young and stupid.  The analyst found 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.  
       
       The applicant further contends that it has been over a year now and he wants to reenter the Army.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  
       
       Additionally, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", the separation code is "JKA", and the reentry code is "RE 3". 
       
       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, separation code, entered in block 26, and RE Code, entered in block 27 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.  
       
       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: 22 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 22 November 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 AR20100028445
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