Applicant Name: ????? Application Receipt Date: 2009/06/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant requests an upgrade of his discharge to fully honorable and a change to the narrative reason. Also, he states messing up in the military could be attributed to immaturity. From the beginning he felt doomed by his chain of command and he should have received an honorable discharge because he was recommended for numerous awards, letters of recommendation and neither of these were taken into consideration when issued a general, under honorable conditions 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: 010731 Discharge Received: Date: 010907 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 115th Field Hospital, Fort Polk, LA Time Lost: None Article 15s (Charges/Dates/Punishment): 010517, Failure to report x 4 (010504), (010424), (010329), (001211), and without authority, leave his place of duty (001128); reduction to E-3, forfeiture of $304 pay (suspended), and extra duty for 14 days (CG). 991026, Failure to report (990908), willfully disobeying a lawful command from a CPT (990914), dereliction of duty (990812); forfeiture of $223 (suspended), extra duty for 14 days, and restriction for 14 days (CG). 990928, Wrongful use of marijuana (990721-990810), forfeiture of $479 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG). 000726, Failure to report (000705); extra duty for 14 days, and restriction for 14 days (Summarized). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 980901 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 00Mos, 07Days ????? Total Service: 03 Yrs, 00Mos, 07Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91B10 Medical Spec GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Wellington, AL Post Service Accomplishments: The applicant states he is employed full time by Homeland Security as a security guard. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 July 2001, 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-pattern of misconduct for using illegal drugs and failing to report on more than one occasion with a general, under 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 submitted a statement in his own behalf. 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 general, under honorable conditions discharge. On 15 August 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions 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, 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, 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 analyst determined that the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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; however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Pattern of Misconduct)," the separation code is "JKA," and the reentry code is "RE 3." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Regarding the applicant's issue that he should have received an honorable discharge because he was recommended for numerous awards, letters of recommendation and neither of these were taken into consideration when issued a general, under honorable conditions discharge. The analyst considered the applicant’s entire service during the initial portion of the enlistment under review. However, this period of service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service as it was marred by four Article 15s for repeated incidents of misconduct. The evidence of record shows that on 30 July 2001, 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-pattern of misconduct for using illegal drugs and failing to report on more than one occasion with a general, under honorable conditions discharge. The analyst found no evidence of arbitrary or capricious actions by the command. 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. The analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submittted the following documents: DD Form 214, dated (010907); DA Form 638 (Recommendation For Award), dated (010313); Additional Duty Appointment, dated (001106); Certificate of Training, dated (010302); College Transcript (1) page; Character Letter, dated (020817); Certificate of Achievement, dated (990325); Certificate of Appreciation, dated (000901); Memorandum For Record, dated (000720); DD Form 1610 with/3 page attachment, dated (000731); Permanent Change of Station Orders, dated (010131); FEMA ID Badge; College Transcript; and a Departure Clearance Memorandum. 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 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: NA 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 AR20090011223 ______________________________________________________________________________ Page 1 of 4 pages