Applicant Name: ????? Application Receipt Date: 2012/02/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of receiving veteran's preference without problems, job achievement, and personal satisfaction. 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: 081208 Discharge Received: Date: 081229 Chapter: 14-12c(1) AR: 635-200 Reason: Misconduct (AWOL) RE: SPD: JKD Unit/Location: HHC AR Bde, Fort Riley, KS Time Lost: AWOL x 2 for a total of 42 days; 36 days (080902-080908), mode of return unknown; 6 days (081028-081102), mode of return unknown. Article 15s (Charges/Dates/Punishment): 081209, AWOL (081027-081031), leaving his appointed place of duty (081111), stealing the cellular telephone of another Soldier valued at $100.00 (081030), assaulting another Soldier (081030), failure to go at the time prescribed to his appointed place of duty x 4 (081103, 081112, 081121, and 081125), reduction to E1; forfeiture of $673.00 pay per month for two months; extra duty for 45 days; and restriction for 45 days, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 071115 Current ENL Term: 03 Years 25 Weeks Current ENL Service: 01 Yrs, 01 Mos, 03 Days ????? Total Service: 01 Yrs, 01 Mos, 03 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 74D10/Chemical Ops Specialist GT: 110 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 8 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for going AWOL (081028-081103 and 080902-080909) stealing the cell phone of another Soldier, punching her in her jaw, and failure to report to his appointed place of duty on several occasions, with a general, under honorable conditions discharge. He was advised of his rights. On 18 December 2008, the applicant consulted 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 of the separation with a general, under honorable conditions discharge. On 19 December 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The applicant's record contains a Police Desk Blotter, dated 8 January 2011. The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(1)," block 26 "Separation (SPD) Code " reads "JKD," and block 28 "Narrative Reason For Separation," reads "Misconduct (AWOL)." However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense, which the separation (SPD) code is "JKQ." The applicant's record contain a Military Police Report, dated 30 October 2008. 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 and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's 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. By his misconduct, the applicant diminished the quality of his 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 receiving veteran's preference without problems, job achievement, and personal satisfaction. 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. Furthermore, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, 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 25, separation authority as “AR 635-200, paragraph 14-12c(1),” block 26, separation code as “JKD," and block 28 "narrative reason for separation, as "misconduct (AWOL)." In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28 "narrative reason for separation, to " misconduct (serious offense)," as approved by the separation authority. Except for the foregoing modifications the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 and DD Form 214 for the period of service under review. 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 characterization of service was both proper and equitable, and voted to deny relief. Additionally, notwithstanding the propriety of the applicant's discharge, the board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1),” block 26, separation code as “JKD," and block 28 "narrative reason for separation, as "misconduct (AWOL)." Accordingly, the Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)." Except for the foregoing modifications to the applicant's Separation Authority, Separation (SPD) Code, and Narrative Reason for Feparation, 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: Misconduct (Serious Offense) Other: The Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)." 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 AR20120003699 ______________________________________________________________________________ Page 4 of 4 pages