Application Receipt Date: 060602 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 051116 Chapter: 14 AR: 635-200 Reason: Pattern Of Misconduct RE: SPD: JKA Unit/Location: HHD 130th Finance Bn, LSA Anaconda, Iraq APO AE 09391 Time Lost: None Article 15s (Charges/Dates/Punishment): 051008-having received a lawful command from a CPT, did willfully disobey the same, (050930), (Company Grade). 050728-dereliction of duty x 2, (050703) and (050227), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 590910 Current ENL Date: 041006 O/A Current ENL Term: 1 Years 6 months Current ENL Service: 01 Yrs, 01 Mos, 11 Days ????? Total Service: 16 Yrs, 11 Mos, 08Days ????? Previous Discharges: USMCR-780629-780710/NA USMC-780711-820710/HD USMCR-870211-870628/NA ARNG-971209-981031/HD USARCG-981101-010723/NA ARNG-010724-051116/GD (Concurrent Service) Highest Grade: E5 Performance Ratings Available: Yes No MOS: 27D10 Para Legal Spec GT: ????? EDU: 14 years Overseas: South West Asia Combat: Iraq (041215-051104) Decorations/Awards: NDSM (2), ASR, ICM, GWOTSM, MCGCM, AFRM w/ "M" Device, SSDR, COT (6) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct; however, the letter of notification initiating the separation action is not part of the availble record and the analyst presumed Government regularity in the discharge processs. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in her own behalf. The unit commander's recommendation for separation from the service is not part of the availble record and again the analyst is presuming Government regularity in the discharge processs. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 15 October 2005, 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, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful analysis of the applicant’s military record of service during the period of enlistment under review, the issue and the documents she submitted, the analyst recommends that relief be denied in this case. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her 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. Accordingly, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 June 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 1 No change 4 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 28 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007849 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages