Applicant Name:  ?????

Application Receipt Date: 2012/01/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I believe I was unjustly discharged without being given adequate and sufficient rehabilitation.  I have since gotten married and held my current job for 9 months.  I have had no reprimands or truancies."

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: 101202
Discharge Received: 			   Date: 101221   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHT, 6/9th Cav Regt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101007, Missing movement (100820), failure to go at the time prescribed to his appointed place of duty (100910), and overindulgence in intoxicating liquor or drugs (100910), reduction to E2; forfeiture of $811.00; extra duty for 45 days; and restriction for 45 days, (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 080619    Current ENL Term: 03 Years  17 Weeks
Current ENL Service: 	02 Yrs, 06  Mos, 03  Days ?????
Total Service:  		02 Yrs, 06  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 92   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (090201-091214)
Decorations/Awards: ARCOM, NDSM, ICM-w/CS, GWOTSM, ASR, OSR, MUC

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states: "Held my current job for 9 months.  I have had no reprimands or truancies."









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 December 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of commission of a serious offense for missing movement through negligence (100820), for wrongfully over indulging in liquor on (100910), and failing to go to his appointed place of duty (100910), with a general, under honorable conditions discharge.  He was advised of his rights
       
       On 4 December 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions (which he was not entitled), and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 10 December 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contain a Military Police Report, dated 30 August 2010.
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12b," block 26 "Separation (SPD) Code " reads "JKA," and block 28 "Narrative Reason For Separation," reads "Pattern of Misconduct."
       
       However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense.  

       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, but a general discharge 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, issues, and documents 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. 
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       The applicant contends he was unjustly discharged without being given adequate and sufficient rehabilitation.  The analyst noted the applicant's contention; however, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  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.  
       
       Additionally, 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 14-12b,” block 26, separation code as“JKA,” and block 28, narrative reason for separation as “pattern of misconduct.”  In view of the foregoing, the analyst recommends that an adminstrative change be made to correct  block 25, to read separation authority:  “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ, and block 28, reason for separation to read “Misconduct (Serious Offense),”  as it was approved by the separation authority.  
       
       Except for the foregoing modifications, the analyst determined that the applicant's discharge was proper and equitable and recommends to deny relief.  .

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated 16 December 2011, Letter of Recommendation, and DD Form 214 for the period of service under review.

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.   However, 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 14-12b,” block 26 as separation code “JKA,” and block 28, narrative reason for separation as “Pattern of Misconduct”  In view of the foregoing, the Board direcetd to administratively change block 25, to read separation authority:  “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)” as it was approved by the separation authority.











        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Serious Offense)
Other: Change Separation Authority to AR 635-200, Paragraph 14-12c with corresponding SPD Code of JKQ.
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120000665
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