Applicant Name:  ?????

Application Receipt Date: 2012/02/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “Upgrade to Honorable requested for further advancement for self and family.  The justification for this request is due to the honorable nature of my service.  I am a combat veteran and received a Purple Heart due to injuries received in the line of duty.  I have received other awards such as ARCOM, AAM, AGCM as well as other awards received from deployment to Afghanistan June 2008 - June 2009.  I would also like my discharge to be upgraded to further my education through use of the Montgomery G. l. Bill. Thank you for your time and considerations.”

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: 100702
Discharge Received: 			   Date: 100723   Chapter: 5-8       AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: 937th Engineer Company, 8th Engineer Battalion, 36th Engineer Brigade, Fort Hood, Texas  

Time Lost: AWOL x 1 for a total of 129 days (091117 - 100325), returned to military control.

Article 15s (Charges/Dates/Punishment): 100430, AWOL (091117 – 100326); reduction to E-1; forfeiture of $723 per month for 2 months, suspended, to be automatically remitted if not vacated (101128); extra duty 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:  23
Current ENL Date: 080215    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2  Yrs, 5 Mos, 8   Days ?????
Total Service:  		3  Yrs, 6 Mos, 22 Days ?????
Previous Discharges: 	RA 060823 - 080214/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 106   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (080907 - 090624)
Decorations/Awards: PH, ARCOM, AAM, AGCM x 2, NDSM, ACM w/CS, GWOTSM, ASR, OSR, NATO AFGHANISTAN MDL, CAB 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 July 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 misconduct—for commission of a serious offense, for being AWOL over 30 days, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 29 14 July 2010, the applicant waived consulting 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 16 July 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge under chapter 14-12c, Commission of A Serious Offense, with a characterization of service of general, under honorable conditions.

       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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  
       
       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 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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the documented action under Article 15 of the Uniformed Code of Military Justice.
       
       The analyst noted the applicant's issue concerning his desire to use the benefits of the GI Bill.  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, 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 5-8,” block 26 as separation code “JDG,” block 27, re-entry code as “3,” and block 28, and narrative reason for separation as “Parenthood.”   In view of the foregoing, the analyst recommends the following administrative changes:  Block 25, changed 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 noted recommended changes, the analyst determined 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: 1 August 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, various awards and certificates and a DD Form 214.

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. 

Notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 5-8,” block 26 as separation code “JDG,” block 27, re-entry code as “3,” and block 28, narrative reason for separation as “Parenthood.”   In view of the error, the Board directed that an administrative change be made 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 Board determined that the reason for separation was both proper and equitable and voted not to change it.





























        
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 separation 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
Chief, 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 AR20120004254
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