Applicant Name:  ?????

Application Receipt Date: 2012/04/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has applied for unemployment and has been rejected due to the military not releasing his records.  He needs to show that he has a general honorable discharge and need proof of wages.  His DD Form 214 shows he has a general, under honorable conditions discharge and he was told by legal he could receive unemployment but unemployment has informed him that the military is holding his wages.   

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: NIF
Discharge Received: 			   Date: 111201   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 29th Engineer Brigade, SB, Fort Bliss, TX 

Time Lost: Under 10 USC 972: (110517-110905) 109 days, type and mode of return-NIF, however, the information was taken from the DD Form 214, block 29.

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 080814    Current ENL Term: 3 Years  16 weeks/The applicant extended his enlistment for a period of 1 month on (101229).
Current ENL Service: 	2 Yrs, 11  Mos, 29  Days ?????
Total Service:  		2 Yrs, 11  Mos, 29  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (100118-110112)
Decorations/Awards: AAM, NDSM, GWOTSM, NATOM, AFCMw/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct, serious offense with a characterization of service of general, under honorable conditions.  
       
       Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense) with a reentry eligibility (RE) code of 3.  On 28 November 2011, Department of Army, Headquarters, 1st Armored Division, Fort Bliss, TX, issued Orders 332-0006, which discharged the applicant from the Regular Army with an effective date: 1 December 2011. 

       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 being absent 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 available military records, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  
       
       The applicant's contentions were carefully considered, to include the self authored statement submitted by the applicant.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant  to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill and unemployment benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should continue to contact a local office of the Department of Veterans Affairs and the Department of Employment Services for further assistance.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the self authored statement in which he states he has PTSD.  However, in review of the applicant’s available service record, the analyst did not find any documentation in the available record to support the applicant's contention or mitigating evidence to refute the reason for discharge and characterization of service granted.  The record shows that on 6 September 2011, the applicant underwent an assessment and consented to treatment in controlling his anger/agitation.  However, the analyst concluded that the supporting documents the applicant submitted did not indicate the diagnosis of PTSD.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 5 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 11 April 2012 in lieu of a DD Form 293.

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.  
        
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120008371
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