Applicant Name:  ?????

Application Receipt Date: 2012/03/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code.  He contends his discharge prohibits him from working with his company on Fort Hood.  He desires assistance to recoup back pay for three months and twenty-four days he remained in service past his expiration of term of service (ETS).    

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: 030522
Discharge Received: 			   Date: 030529   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Btry, 4-5th ADA Bn, Fort Hood, TX 

Time Lost: AWOL x 4 for a total of 122 days; (020806-020818) for 13 days, mode of return unknown; (021002-021031) for 30 days, mode of return unknown; (021101-030109) for 69 days, returned to unit;  (030324-030403) for 10 days,  mode of return unknown; confinement/military authorities for 11 days (030312-030323).  Total time lost 133 days. 

Article 15s (Charges/Dates/Punishment): 020823, wrongfully used marijuana (020502-020531); the continuation sheet is not contained in the available records; reduction to E-1, forfeiture of $552 pay (suspended), extra duty for 45 days and restriction for 45 days, (FG).

020903, the suspension of punishment of forfeiture of $552 pay was vacated for the new offense of without authority, failed to go at the time prescribed to his appointed place of duty (020826). 

Courts-Martial (Charges/Dates/Punishment): 030312, SCM, without authority, absented himself from his unit (AWOL) 021002-030110); forfeiture of $767 pay (suspended) and confinement for 15 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990105    Current ENL Term: 04 Years  retained in service 9 days for the convenience of the government per AR 635-200.
Current ENL Service: 	04  Yrs, 00  Mos, 09  Days ?????
Total Service:  		04  Yrs, 00  Mos, 09  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 35T10 Avenger System Repairer   GT: 107   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated he is employed by a private contracting company as a quality control inspector.



VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 22 May 2003, 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 testing positive for marijuana and absenting himself from his unit (AWOL) (021002-030110), with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 22 May 2003, the applicant waived 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 27 May 2003, 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 an Approved Bar to Reenlistment, dated 28 April 2003.

       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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's characterization of service.
       
       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. 
       
       The applicant requested a change to the narrative reason for separation to include the reentry eligibility (RE) code.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct," the separation code is "JKQ," and the reentry code is "RE 3."
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
             The applicant contends his discharge prohibits him from working with his company on Fort Hood.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

              The applicant desires assistance to recoup back pay for three months and twenty-four days he remained in service past his expiration of term of service (ETS).  This issue does not fall within the purview of the Army Discharge Review Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2),” and block 26 separation code as “JKK."  In view of the foregoing, the analyst recommends to the Board that block 25,  separation authority be changed to read “AR 635-200, paragraph 14-12c,” and block 26, separation code to read "JKQ," as it was approved by the separation authority.  
        
       Therefore, the analyst 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: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The Carlson Law Firm, P.C.
                Attn:  Mr. Steven Neil
                P.O. Box 10520
                Killeen, TX 76549

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120220); Letter, The Carlson Law Firm, dated (120220); Exhibit A, Applicant's Statement, two (2) pages, undated; Exhibit B, six (6) Support Statements, dated (110502, two (2) pages undated,  110430, two (2) pages,  110427, 110428, 110430); Certificate of Appreciation, undated; and a DD Form 214, dated (030529).  

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.  

Further, notwithstanding the propriety of the applicant's discharge, the Board voted to change block 25, separation authority to read “AR 635-200, paragraph 14-12c,” and block 26, separation code to read "JKQ," as it was approved by the separation authority.  

Except for the foregoing modifications, the Board determined that the discharge was both proper and equitable.


















       
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: Change block 25, separation authority to read “AR 635-200, paragraph 14-12c,” and block 26, separation code to read "JKQ,"
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120005566
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