Search Decisions

Decision Text

ARMY | DRB | CY2011 | AR20110011271
Original file (AR20110011271.txt) Auto-classification: Denied
Applicant Name:  

Application Receipt Date: 2011/0520	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he would like an upgrade to his discharge to Honorable.  The discharge was based on one isolated incident after 5 years of honorable service including 12 months in OIF 3.

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: 061130   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: DET 1, Battery A, 2-114th Strike, Ackerman, MS. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date:040825/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 03 Mos, 06 Days ?????
Total Service:  		04 Yrs, 10 Mos, 00 Days ?????
Previous Discharges: ARNG 020201-020318/NA
                                      ADT 020319-020720/NA
                                      ARNG 020721-040824/NA
                                      
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13E10 Cannon Fire Direction   GT: 112   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050108-051229)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, AFRM-MD, CAB

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None listed by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

             The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions.
              Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense) with a reentry eligibility (RE) code of "NA.
       
       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 available military records, 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 applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct—commission of a serious offense, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
             Furthermore, the applicant states his discharge was based on one isolated incident after 5 years of honorable service including 12 months in OIF 3.  The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.

              Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 16 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA  

Exhibits Submitted: DD Form 293, DD Form 214 and NGB Form 22.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: No Change
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder























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 AR20110011271
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060013360

    Original file (AR20060013360.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e. misconduct - commission of a serious offense). That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2011 | AR20110016669

    Original file (AR20110016669.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct—commission of a serious offense, with a characterization of service of general, under...

  • ARMY | DRB | CY2008 | AR20080014598

    Original file (AR20080014598.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD -...

  • ARMY | DRB | CY2011 | AR20110012119

    Original file (AR20110012119.txt) Auto-classification: Denied

    The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-serious offense, with a characterization of service of general, under honorable conditions. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Yes...

  • ARMY | DRB | CY2011 | AR20110021174

    Original file (AR20110021174.txt) Auto-classification: Denied

    According to AR 635-200 Patterns of Misconduct ch 14-12c serious offense states specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the MCM. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214...

  • ARMY | DRB | CY2012 | AR20120000994

    Original file (AR20120000994.txt) Auto-classification: Denied

    The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct commission of a serious offense, with a characterization of service of general, under honorable conditions. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable...

  • ARMY | DRB | CY2008 | AR20080003407

    Original file (AR20080003407.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2006 | AR20060016047

    Original file (AR20060016047.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 2 November...

  • ARMY | DRB | CY2012 | AR20120001161

    Original file (AR20120001161.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. The analyst did note the applicant's request for a change to the narrative reason for separation on his DD Form 214, block 28 and found that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by...

  • ARMY | BCMR | CY2012 | AR20120001161

    Original file (AR20120001161.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. The analyst did note the applicant's request for a change to the narrative reason for separation on his DD Form 214, block 28 and found that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by...