Applicant Name:  ?????

Application Receipt Date: 2011/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was discharged for an incident that he was given an Article 15 for and decided to take it to Court Martial after a couple of months.  They dropped the case and chaptered him out instead.  He has all the documents proving he didn't do anything wrong and was kicked out for his past history as a private and feel he wasn't afforded the opportunity to plead his case. 

His military records show that he was struggling with alcoholism and that he was in treatment.  The Article 15 packet shows that he didn't want to pay the cab driver because he fell asleep in the cab and was over charged.  He had anger issues after coming back from Iraq but feel this was a dispute between him and the cab driver that was taken way out of context by his chain of command.  He should have not been chaptered out for this and he feels at least he deserves an honorable 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: NIF
Discharge Received: 			   Date: 101014   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 82nd Engineer Maint Company, P1, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant submitted a copy of his DA From 2627, Article 15 dated (100707), which shows he was being charged with dishonorably failing to pay just debts (100501), and demanded trial by court-martial.  However, the documents are not part of the available record.

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: Reenl/071101    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 11 Mos, 14 Days ?????
Total Service:  		5 Yrs, 1 Mos, 1 Days ?????
Previous Discharges: 	RA 050914-071031/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 12N20 Horizontal Const Equip Oper   GT: NIF   EDU: Some College   Overseas: Southwest Asia   Combat: Iraq (070813-080517)
Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, GWOTSM, ICMDLw/CS, ASR, OSR

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 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 not 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 "3."  On 29 September 2010, Department of Army, United States Army Garrison, Schofield Barracks, HI, issued Orders 272-0015, which discharged the applicant from the Regular Army with an effective date of: 14 October 2010.  

       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 available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant'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 not 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, 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.  
       
       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 applicant 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. 
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and 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: 23 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 10 August 2011, self authored statement undated, copy of Article 15 dated 7 July 1010, Education Enrollment Status from Northern Virginia Community College, Bankruptcy Petition dated 1 December 2011, VA Claim dated 29 November 2011.

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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110016917
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