Applicant Name:  ?????

Application Receipt Date: 2012/05/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that no serious offense was ever disclosed or listed in her paperwork. The applicant requests a change to her RE code, change to the narrative reason for her discharge, upgrade to an honorable discharge, and would like to qualify for full VA benefits.

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: 091105
Discharge Received: 			   Date: 100119   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090811, failing to obey a lawful order and disrespect to an NCO, reduction from E-3 to E-1, extra duty for 45 days, restriction for 45 days, and an oral reprimand (FG).

090710, failing to go to place of duty, disobeying an order from a noncommissioned officer, and damaging a 2002 Gold Explorer for approximately $500, reduction from E-4 to E-3, extra duty for 14 days, and oral reprimand (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: Reenl/080213    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 11 Mos, 6 Days ?????
Total Service:  		4 Yrs, 2 Mos, 4 Days ?????
Previous Discharges: 	USAR 051108-051115/NA
                                       RA      051116-080212/HD

Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 96   EDU: GED   Overseas: Korea (060608-070620)   Combat: None
Decorations/Awards: AGCM, NDSM, GWTSM, KDSM, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 November 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12-c, AR 635-200, for commission of a serious offense—for damaging personal property, failing to obey lawful orders on divers occasions, disrespect to a superior noncommissioned officer, failed to report to her place of duty, and being derelict in the proper performance of duties on divers occasions.  The unit commander recommended a general, under honorable conditions discharge.  The applicant was advised of her rights.  
       
       On 16 November 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 9 December 2009, the separation authority waived further rehabilitation and 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 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 military records, 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 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 analyst noted the applicant's issue about her desire to use veteran's benefits.  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.
       
       The analyst noted that the applicant was unaware of the serious offense which caused her discharge.  The applicant's military records indicate these offenses were disclosed to her on multiple occaisons to include the notification letter initiating her separation.  They indicate the applicant damaged personal property, failed to obey lawful orders on divers occasions, was disrespectful to a senior noncommissioned officer, failed to report to her place of duty, and was derelict in the proper performance of her duties on diverse occasions.
       
       The applicant requested that her narrative reason be changed.  The applicant was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct (serious offense) with a general under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct-Serious Offense” and the separation code is "JKQ" with a  reentry elligiblity (RE) code 4.  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.    
       
       However, 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 27, re-entry code as 4.   Therefore, the analyst recommends to the Board that an administrative change be made to block 27 to read 3, as required by Army regulations in effect at the time.
       
       Except for the modifications stated above, the analyst determined the discharge was both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated 4 May 2012 in lieu of DD Form 293.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examing the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rational, the Baoard determined that the discharge was both proper and equitable and voted to deny relief.  Furthermore, 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 27,    re-entry code as 4.   In view of the error the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations.  
        
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 the reentry code to RE-3.
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 AR20120009794
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