IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130002467
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.

2.  Further, notwithstanding the propriety of the applicant's discharge, the Board voted to change the applicant’s reason for discharge, separation authority, separation code, and reentry code on the basis of equity.

     a.  block 25, separation authority to AR 635-200, Chapter 14-12c
     b.  block 26, separation code changed to JKQ
     c.  block 27, reentry code changed to 3
     d.  block 28, narrative reason for separation changed to Misconduct (Serious Offense)



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable, to change the narrative reason for his discharge, and to reenlist.

2.  The applicant states, in effect, he would like an upgrade of his discharge based on hardship/dependency issues.  The applicant contends he was discharged as a result of being absent without leave (AWOL) from his unit to care for his severely-ill mother.  He states that he is an only child and his mother had no other family members to care for her.  He contends that before going AWOL, while home on leave he witnessed the pain his mother was experiencing based on her medical condition.  The applicant states, he believed that going AWOL was his only option after his request for compassionate reassignment was denied.  He contends he realizes what he did was wrong however, because he voluntarily returned to his unit after his mother’s recovery, the narrative reason depicted on his DD 214 does not represent the true reason for his absence.  The applicant would like to serve his country in the future if needed.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			6 February 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				8 May 2012
d. Reason/Authority/SPD/RE Code:		Misconduct (Desertion), AR 635-200,   
   Paragraph 14-12c(1), JKF, RE-4
e. Unit of assignment:				5th Bn, 20th Inf (SBCT), (Rear), Fort Lewis, WA
f. Current Enlistment Date/Term:		19 January 2011, 3 years, 16 weeks
g. Current Enlistment Service:		1 year, 8 days
h. Total Service:				1 year, 8 days
i. Time Lost:					84 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		11C10, Indirect Fire Infantryman
m. GT Score:					100
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWTSM, ASR
r. Administrative Separation Board:		No
s. Performance Ratings:			None
t. Counseling Statements:			NIF
u. Prior Board Review:				No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 January 2011 for a period of 3 years and 16 weeks.  He was 19 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He completed 1 year and 8 days of active duty service.  At the time his discharge proceedings were initiated, he was serving at Joint Base Lewis-McChord, WA.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 April 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph14-12c, by reason misconduct-commission of a serious offense, specifically for being absent without leave (AWOL) for 84 days (20111115-20120206).

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 19 April 2012, the applicant waived his right to consult 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 with a general, under honorable conditions discharge.

4.  On 20 April 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was discharged from the Army on 8 May 2012, with a characterization of service of general, under honorable conditions under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), for misconduct (Desertion), an Separation Program Designator code (SPD) of JKF, and a Reentry Code (RE) of 4.

6.  The applicant’s record shows he was absent without leave (AWOL) for a total of 84 days (20111115-20120206).  The mode of return is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant’s file did not contain any derogatory information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), a self-authored statement, DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 3739 (Application for Compassionate Actions) dated 14 November 2011, Divorce Decree filed 7 September 2012, parent’s medical records.

POST-SERVICE ACTIVITY: 

None were provided with the application.

REGULATORY AUTHORITY:

1. 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.   

2.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(1), misconduct (Desertion).  It further defines the SPD code of “JKD” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(1), misconduct (AWOL).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" or “JKF” will be assigned an RE Code of 3.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  After examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.

3.  The applicant contends he realizes what he did was wrong and states, in effect, he was having family issues that affected his behavior and ultimately caused him to be discharged.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.

4.  The applicant contends he voluntarily return to military control which shows his willingness to serve his country.  He states the narrative reason depicted on his DD 214 does not represent the true reason for his absence and he would like the opportunity to serve again.  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.

5.  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.

6.  However, the service record reflects an erroneous entry on the applicant’s DD Form 214, block 26, separation code as “JKF”, block 27, RE code “4” and block 28, narrative reason for separation as “Misconduct (Desertion) was made during the discharge process.

7.  Accordingly, as approved by the separation authority, the following administrative corrections are recommended:

     a.  block 25, separation authority to AR 635-200, Chapter 14-12c
     b.  block 26, separation code to JKQ
     c.  block 27, reentry code to 3
     d.  block 28, narrative reason change to misconduct (serious offense)

8.  Except for the modifications as stated above the discharge was both proper and equitable, therefore, recommend the Board deny relief.






SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review      Date:  25 September 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	5	No Change:  0
(Board member names available upon request)

7201Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct (Serious Offense)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to:		RE-3
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) Code to JKQ



















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130002467



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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