Applicant Name:  ?????

Application Receipt Date: 2012/02/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of receiving veteran's preference without problems, job achievement, and personal satisfaction. 

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: 081208
Discharge Received: 			   Date: 081229   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHC AR Bde, Fort Riley, KS 

Time Lost: AWOL x 2 for a total of 42 days; 36 days (080902-080908), mode of return unknown; 6 days (081028-081102), mode of return unknown.  

Article 15s (Charges/Dates/Punishment): 081209, AWOL (081027-081031), leaving his appointed place of duty (081111), stealing the cellular telephone of another Soldier valued at $100.00 (081030), assaulting another Soldier (081030), failure to go at the time prescribed to his appointed place of duty x 4 (081103, 081112, 081121, and 081125), reduction to E1; forfeiture of $673.00 pay per month for two months; 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:  19
Current ENL Date: 071115    Current ENL Term: 03 Years  25 Weeks
Current ENL Service: 	01 Yrs, 01  Mos, 03  Days ?????
Total Service:  		01 Yrs, 01  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Ops Specialist   GT: 110   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 December 2008, 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 misconduct—commission of a serious offense for going AWOL (081028-081103 and 080902-080909) stealing the cell phone of another Soldier, punching her in her jaw, and failure to report to his appointed place of duty on several occasions, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 18 December 2008, the applicant consulted with 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 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 19 December 2008, 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 contains a Police Desk Blotter, dated 8 January 2011.
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(1)," block 26 "Separation (SPD) Code " reads "JKD," and block 28 "Narrative Reason For Separation," reads "Misconduct (AWOL)."
       
       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, which the separation (SPD) code is "JKQ."  
       
       The applicant's record contain a Military Police Report, dated 30 October 2008.

       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 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 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 his 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 about receiving veteran's preference without problems, job achievement, and personal satisfaction.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Furthermore, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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 14-12c(1),” block 26, separation code as “JKD," and block 28 "narrative reason for separation, as "misconduct (AWOL)."  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28 "narrative reason for separation, to " misconduct (serious offense)," as approved by the separation authority.
       
       Except for the foregoing modifications the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 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 characterization of service was both proper and equitable, and voted to deny relief.

Additionally, 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 14-12c(1),” block 26, separation code as “JKD," and block 28 "narrative reason for separation, as "misconduct (AWOL)."  Accordingly, the Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)."

Except for the foregoing modifications to the applicant's Separation Authority, Separation (SPD) Code, and Narrative Reason for Feparation, 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: Misconduct (Serious Offense)
Other: The Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)."
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 AR20120003699
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