Applicant Name: ????? Application Receipt Date: 2009/01/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the Applicant. 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: 050110 Discharge Received: Date: 050201 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: A Battery, 3rd Battalion, 6th Field Artillery, 10th Mountain Division (Light Infantry), Fort Drum, NY Time Lost: AWOL x 2, from 040921-040927 for 7 days; mode of return is unknown; AWOL, from 030713-030718; for 6 days; mode of return is unknown. Total time lost: 13 days. Article 15s (Charges/Dates/Punishment): 030729, AWOL, from 030713-030718; reduction to the grade of Private (E-1); forfeiture of $301.00 pay per month for one month; extra duty and restriction for 14 days (CG). 040115, Disobeyed a lawful order from SSG, a noncommissioned officer on or about 031211; disrespectful in language toward SSG, a noncommissioned officer on or about 031211; extra duty for 14 days (Summarized). 040818, Failed to go to his appointed place of duty on or about 040622; reduction to the grade of Private (E-2); forfeiture of $312.00 pay per month for one month; suspended, to be automatically remitted if not vacated before (041116); extra duty and restriction for 14 days (CG) 041115, AWOL (040921-040927); reduction to the grade of Private (E-1); forfeiture of $597.00 pay per month for two months; extra duty 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: 20 Current ENL Date: 020904 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 4 Mos, 6 Days ????? Total Service: 2 Yrs, 4 Mos, 6 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 93 EDU: GED Cert Overseas: Southwest Asia Combat: Afghanistan (dates-NIF) Decorations/Awards: NDSM, GWTEM, GWTSM, ASR V. Post-Discharge Activity City, State: I Post Service Accomplishments: None Listed on the DD Form 293. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 10 January 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he went AWOL between (030713-030718); disobeyed a lawful order from SSG 031211; disrespectful in language toward SSG 031211; failed to go to his appointed place of duty 040622; and AWOL from 040921-040927, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action and to consider whether or not to submit a conditional waiver, voluntarily waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 26 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: 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 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, but a general discharge 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 the issue 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 the applicant's service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the 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. Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, 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. Additionally, 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. Finally, 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 12c(2), block 26 as separation code “JKK," and block 27, reentry eligibility (RE) code as 4. In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority: “AR 635-200, paragraph 14-12b”, block 26, separation code to read "JKA" and block 27, reentry eligibility (RE) code to read “3,” which was approved by the separation authority. Except for the foregoing modification to the applicant's separation authority, separation code and the reentry eligibility (RE) code, 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. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 October 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation 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 24, block 25, separation authority as AR 635-200, paragraph 12c(2), block 26 as separation code “JKK," and block 27, reentry eligibility (RE) code as 4. In view of the foregoing, the Board directed that an administrative change be made to 25, to read separation authority: “AR 635-200, paragraph 14-12b”, block 26, separation code to read "JKA" and block 27, reentry eligibility (RE) code to read “3,” which was approved by the separation authority. Except for the foregoing modification to the applicant's separation authority, separation code and the reentry eligibility (RE) code, 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 1 No change 4 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: The board directs ARBA Support Division-St Louis to administratively change the following: block 25, to read separation authority: “AR 635-200, paragraph 14-12b”, block 26, separation code to read "JKA" and block 27, reentry eligibility (RE) code to read “3,” which was approved by the separation authority and issued the applicant a new DD Form 214. RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090003030 ______________________________________________________________________________ Page 1 of 3 pages