IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 May 2014

      CASE NUMBER:  	AR20130014043
___________________________________________________________________________

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 examiner’s Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read 
RE-3, as required by Army Regulations.  




      
      
      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 that his under other than honorable conditions discharge be upgraded to honorable and the reentry code be changed.  

2.  The applicant states, in effect, that he wishes to have his reentry code changed so that he can reenlist.  He did not complete six months of active duty.  He wishes for his children to be proud of what he has done with his life.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			30 July 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				20 August 2009
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense),              								AR 635-200, 14-12c, JKQ, RE-4	
e. Unit of assignment:				D Co, 3-25th Avn Regt, 25th CAB, Wheeler 							Army Airfield, HI 	
f. Current Enlistment Date/Term:		16 June 2008, 6 years
g. Current Enlistment Service:		1 year, 1 month, 12 days
h. Total Service:				1 year, 1 month, 12 days
i. Time Lost:					23 days Confinement (090727-090819)
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		15F10, Aircraft Electrician 
m. GT Score:					NIF
n. Education:					GED
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR 
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 June 2008 for a period of six years.  He was 18 years old at the time of his enlistment and achieved his GED.  When his discharge proceeding were initiated he was serving at Wheeler Army Airfield, HI.  His record does not reflect any significant awards or commendations.  





SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 27 July 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, commission of a serious offense specifically for the applicant being arrested on 29 May 2009, for having sexual intercourse with a minor and consuming alcohol under the age of 21.  

2.  Based on the above misconduct, the commander recommended an under other than honorable conditions discharge.

3.  On 27 July 2009, the applicant consulted with legal counsel, and was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.  On 14 August 2009, the separation authority approved the unconditional waiver request and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  

5.  The applicant was separated on 20 August 2009, under Army Regulation 635-200, Chapter 14-12c, with a under other than honorable conditions discharge, an SPD code of JKQ, and an RE code of 4. 

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  However, the record contains a DD Form 2707, Confinement Order, dated 27 July 2009 which shows the applicant was being incarcerated as a result of his court-martial conviction.  A DD Form 2718 (Prisoner’s Release Order) reflects the applicant’s completion of confinement on 19 Augusts 2009, a total of 23 days as a result of his summary court-martial conviction.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Record of Trial by Summary Court-Martial with allied documents, dated 27 July 2009, where the applicant was found guilty of engaging in a sexual act, to wit: sexual intercourse with an under aged female.  The punishment consisted of confinement for 30 days, and forfeiture of $933.00 pay for one month.  The sentence was approved and executed.  

2.  Article 15, dated 18 June 2009, for wrongfully consuming alcohol while under 21 years of age (090530).  The punishment consisted of a reduction to E-1, forfeiture of $699.00 pay for two months, 45 days of extra duty and restriction (FG).

3.  Three negative counseling statements dated between 1 June 2009 and 12 June 2009, for wrongfully consuming alcohol while under the age of 21, and distributing alcohol to minors (two occasions), and disobeying a lawful order.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 4 July 2013; and a DD Form 214.

POST-SERVICE ACTIVITY: 

None 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, 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.  The applicant’s record of service was marred by a field grade Article 15 and a summary court-martial for multiple violations of the Uniform Code of Military Justice.  

3.  The applicant contends that he did not complete six months of active duty and he wants his children to be proud of him.  However, the applicant’s record reflects that he completed one year, one month, and 12 days of active duty, and his misconduct clearly diminished the quality of his service below that meriting a general or an honorable discharge.

4.  The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4.  The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense).  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3.  

5.  In view of the foregoing and notwithstanding the propriety of the discharge, recommend the Board change block 27, reentry code to 3, as approved by the separation authority.   

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 examiner’s Discussion and Recommendation,, the Board determined the discharge to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read 
RE-3, as required by Army Regulations.  











SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  9 May 2014       Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		3
Grade Restoration to:		NA
Other:					NA



















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)		AR20130014043



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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