Applicant Name:  ?????

Application Receipt Date: 2010/06/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I can only ask that the Board review my entire file and I respectfully request that I be allowed a general discharge."

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: 030401
Discharge Received: 			   Date: 030626   Chapter: 14-5      AR: 635-200
Reason: Conviction by Civil Court	   RE:     SPD: JKB   Unit/Location: C Co, 82nd Signal Bn, Fort Bragg, NC 

Time Lost: AWOL for 341 days (020711-030616), mode of return unknown. 

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: 020606    Current ENL Term: 02 Years  ?????
Current ENL Service: 	00 Yrs, 01Mos, 16 Days ?????
Total Service:  		15 Yrs, 02 Mos, 02 Days ?????
Previous Discharges: 	ARNG-861212-870607/NA
                                       ADT-870608-870807/NA
                                       ARNG-870808-880620/NA
                                       ADT-880621-880826/NA
                                       ARNG-880827-900402/NA
                                       RA-900403-931027/HD
                                       RA-931028-960226/HD
                                       RA-960227-980715/HD
                                       RA-980716-000215/HD
                                       RA-980216-020605/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 121   EDU: HS Grad   Overseas: Bosnia   Combat: None
Decorations/Awards: MSM, ARCOM, AAM-5, AGCM-3, NDSM, NCOPDR, ASR, OSR, NATO MDL

V.  Post-Discharge Activity
City, State:  Bunker Hill, IN 
Post Service Accomplishments: None Listed



 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct—conviction by civil court, for being absent from his unit; and being convicted of indecent acts with a child and sodomy with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  On 14 April 2003 (See Staff Judge Advocate's Memorandum), the applicant waived consideration of his case by an administrative separation board.  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 an under other than honorable conditions discharge.  
       
       On  5 June 2003, 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 applicant was to be reduced to the lowest enlisted rank. 
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."  
       
       The applicant's record contains a CID Report of Investigation, date is illegible.

       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 issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  Because of the civil court conviction, the applicant diminished the quality of his service below that meriting a general, under honorable conditions 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.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  
       
       The applicant submitted no issues of equity or propriety to be considered by the Board.
       
       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.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "4."  The analyst recommends that block 27 be administratively corrected to "3."  
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100615).

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 27, reentry eligibility (RE) code as "4."  In view of this error, the Board voted to administratively correct block 27, reentry eligibility (RE) code to "3."  Except for the foregoing modification, 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: No Change
Other: The Board voted to direct ARBA Promulgation Team- Arlington to administratively correct block 27, reentry eligibility (RE) code to "3."										
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 AR20100017943
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