Applicant Name: ????? Application Receipt Date: 2008/08/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states that he is now attending school and would like to receive his Montgomery GI Bill. He has stayed out of trouble since his discharge for two years. He has also helped the Colorado Springs Police apprehend a criminal. 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: Not In File (NIF) Discharge Received: Date: 051106 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: C Co, 926th EN Bn, Camp Atterbury, IN Time Lost: None 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: 19 Current ENL Date: OAD 050205 Current ENL Term: 00 Years 520 days Current ENL Service: 00 Yrs, 09Mos, 02Days ????? Total Service: 02 Yrs, 04Mos, 10Days ????? Previous Discharges: USAR 030626-051106/UOTH (Concurrent Service) Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 21W10/Carpentry and Masonry Spc GT: NIF EDU: HS Grad Overseas: SWA Combat: Afghanistan (040503-051101) Decorations/Awards: NDSM, ACM, GWOTSM, AFRM, ASR V. Post-Discharge Activity City, State: Canon City, CO Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense). The record contains Orders 308-025, dated 4 November 2005, DA, HQ, Camp Atterbury, IN, which discharged the applicant from the USAR effective 6 November 2005, with an under other than honorable conditions discharge. 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, and issues and document submitted with the application, the analyst determined that the applicant’s available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. Additionally, eligibility for veteran's benefits to include educational benefits under the 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. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 June 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 2 No change 3 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080013543 ______________________________________________________________________________ Page 1 of 3 pages