Applicant Name: ????? Application Receipt Date: 2012/12/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I was informed by the Captain I spoke with at Trial Defense Services on Fort Bragg that my behavior which led to my separation didn't warrant separation under Chapter 14-12c (Commission of a Serious Offense). I did some homework and found that my actions warranted separation under Chapter 14-12A (Patterns of Minor Misconduct) at most. I am simply requesting that my narrative reason for separation and/or my discharge be changed allowing for the possibility of re-entry into either the active component or the reserve component of either the United States Air Force or the United States Navy." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: None See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 110513 Discharge Received: Date: 110613 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: D Co, 1st Bn, 505th PIR, 3rd BCT, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 100618, derelict in performance of duty (100612), forfeiture of $682 x 1 month (suspended), 14 days restriction, 14 days extra duty (CG). 100629, derelict in performance of duty (100622), reduction to E-4 (suspended), forfeiture of $924 x 2 months (suspended), 45 days restriction, 45 days extra duty (FG). 110208, failure to report to appointed place of duty (110126) and wrongfully borrowing money from junior soldiers (110125), reduction to E-4, forfeiture of $500 x 2 months, 45 days extra duty, 45 days restriction (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 070504 Current ENL Term: 06 Years 0 Current ENL Service: 04 Yrs, 01 Mos, 09 Days ????? Total Service: 11 Yrs, 08 Mos, 14 Days ????? Previous Discharges: RA 990930-030318/HD RA 030319-070503/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 112 EDU: HS Grad Overseas: Germany, SWA Combat: Iraq x 3 (040317-050326) (061004-071208) (081215-091215) Decorations/Awards: ARCOM, AAM, VUA, AGCM, KCMBSS, ICM-CS, GWOTEM, GWOTSM, ASR, OSR, NATOMDL V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Enrolled in college pursuing an Associate's degree. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 May 2011, 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 (serious offense) for dereliction in performance of duty (100612, 100622), failure to report to appointed place of duty (110126) and wrongfully borrowing money from junior soldiers (110125) with an under other than under honorable conditions discharge. He was advised of his rights. On 17 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, conditionally based on receiving a characterization of service no less favorable than general, under honorable conditions 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 commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 23 May 2011, the separation authority waived further rehabilitation, approved the conditional waiver and directed the applicant’s discharge 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 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 the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined 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 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 that his offenses didn't warrant separation under Chapter 14-12c Misconduct (Serious Offense). However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. Moreover, AR 635-200, in pertinent part stipulates that a serious offense is considered if the specific circumstances warrant separation and a punitive discharge is or would be authorized for the same or closely related offense under the Manual for Courts Martial. The applicant contends that the narrative reason for his discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)", and the separation code is "JKQ." 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 and separation code, entered in block 26 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate. 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: 8 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Electronic DD Form 293 dated, 26 November 2011, DD Form 214, self authored letter dated, 25 November 2011, DA Form 2627 x 2 dated 18 June 2010, 29 June 2010, 8 February 2011, resume, letter of enrollment and college transcript dated,28 November 2011, medication receipts. VIII. Board Discussion, Determination, and Recommendation Notwithstanding the analyst's recommendation, the Board voted and determined that the narrative reason for the applicant’s separation is inequitable due to the minor nature of the offenses and directed the issue of a new DD Form 214 changing the separation authority to read AR 635-200, paragraph 14-12a, the narrative reason for separation to read "Misconduct (Minor Infractions)" and a corresponding separation code of "JKN." IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 4 No change 1 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Change separation authority to read AR 635-200, paragraph 14-12a, the narrative reason for separation to read "Misconduct (Minor Infractions)" and a corresponding separation code of "JKN." Other: NA 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 AR20120000411 ______________________________________________________________________________ Page 2 of 4 pages