Applicant Name: ????? Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I can only ask that the Board review my entire file and I respectfully request that I be allowed a general discharge." 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: 030401 Discharge Received: Date: 030626 Chapter: 14-5 AR: 635-200 Reason: Conviction by Civil Court RE: SPD: JKB Unit/Location: C Co, 82nd Signal Bn, Fort Bragg, NC Time Lost: AWOL for 341 days (020711-030616), mode of return unknown. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 33 Current ENL Date: 020606 Current ENL Term: 02 Years ????? Current ENL Service: 00 Yrs, 01Mos, 16 Days ????? Total Service: 15 Yrs, 02 Mos, 02 Days ????? Previous Discharges: ARNG-861212-870607/NA ADT-870608-870807/NA ARNG-870808-880620/NA ADT-880621-880826/NA ARNG-880827-900402/NA RA-900403-931027/HD RA-931028-960226/HD RA-960227-980715/HD RA-980716-000215/HD RA-980216-020605/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 21B10 Combat Engineer GT: 121 EDU: HS Grad Overseas: Bosnia Combat: None Decorations/Awards: MSM, ARCOM, AAM-5, AGCM-3, NDSM, NCOPDR, ASR, OSR, NATO MDL V. Post-Discharge Activity City, State: Bunker Hill, IN Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct—conviction by civil court, for being absent from his unit; and being convicted of indecent acts with a child and sodomy with an under other than honorable conditions discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. On 14 April 2003 (See Staff Judge Advocate's Memorandum), the applicant waived consideration of his case by an administrative separation board. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 5 June 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3." The applicant's record contains a CID Report of Investigation, date is illegible. 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 during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. Because of the civil court conviction, the applicant diminished the quality of his service below that meriting a general, under honorable conditions discharge. 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. The applicant submitted no issues of equity or propriety to be considered by the Board. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "4." The analyst recommends that block 27 be administratively corrected to "3." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100615). 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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214 block 27, reentry eligibility (RE) code as "4." In view of this error, the Board voted to administratively correct block 27, reentry eligibility (RE) code to "3." Except for the foregoing modification, the Board determined that the discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: The Board voted to direct ARBA Promulgation Team- Arlington to administratively correct block 27, reentry eligibility (RE) code to "3." RE Code: Grade Restoration: No Yes Grade: None 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 AR20100017943 ______________________________________________________________________________ Page 3 of 3 pages