Applicant Name:  ?????

Application Receipt Date: 2012/04/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests his discharge be upgraded to honorable.  The applicant states that his discharge was a result of financial and family health issues.  He also request a change to his narrative reason for separation and RE code to allow him the opportunity to rejoin the military.  

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: 070411
Discharge Received: 			   Date: 070412   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: CO A, AG Reception Bn, 192d Inf Bde, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110407, failure to obey a lawful order by wrongfully possessing contraband (cell phone) (070404), forfeiture of $280, 14 days extra duty, 14 days restriction (CG).

070226, wrongfully possessing tobacco products, wrongfully possessing a cellular phone, disobeying a lawful order (070222), forfeiture of $303, 14 days extra duty, 14 days restriction (CG).

070305, failure to secure his weapon (070218), 14 days restriction, 14 days extra duty (suspended) (Summarized).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060705    Current ENL Term: 03 Years  19 weeks
Current ENL Service: 	00 Yrs, 09 Mos, 08 Days ?????
Total Service:  		00 Yrs, 09 Mos, 08 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 96   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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 11 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for a history of discreditable conduct and conduct prejudical to good order and discipline including conduct violating the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time honored customs and traditions of the Army, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 April 2007, the applicant signed his election of rights and waived his rights to consult with legal counsel, waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The case received a second legal review and was found to be legally sufficient.in accordance with AR 635-200.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended the rehabilitative transfer be waived and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The evidence shows that the separation authority directed the applicant’s discharge 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 a careful review of all the applicant’s military records, and the 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 the former Soldier’s 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 contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims financial and family health issues at home resulted in his discharge.  While the applicant may believe financial and family health issues was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       
       
       
       
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", and the separation code is "JKA."  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 and separation code, entered in block 26 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.
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Therefore, 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: 6 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 29 March 2012, DD Form 214, self authored statement undated.

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: NA
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 AR20120006692
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