Applicant Name: ????? Application Receipt Date: 2010/05/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "The reason that I was seperated was based of false statements. My chain of command accused me of trying to get out of a deployment instead of the correct reason. My daughter was in an unsafe situation and I requested to return home from Iraq and take care of my daughters situation. I was promised a release from theater and then was told that they had counted me as AWOL. Even though I was working under the rear-detachment and in contact with forward the entire time. I informed that my daughter was in a dangerous situation and my chain of command told me that I had no proof and even after my ex-husband caused a 5 car pile up and is being charged with various felonies to include felony assault with a motor vehicle, they continued to claim that my daughter would be in no danger if left with her father. My Battalion Commander claimed in a letter to the Commanding General that I was a prior service paralegal and that I was trying to "play the system" which lead to me recieving a GOMOR and being discharged from the Army. I was Not a paralegal BUT, I was a 71L, Adimistrative. I have not working knowledge of the legal system and was not trying to dodge a deployment but, I was conserned for the safty of my daughter. I disobeyed NO order that I was not moraly bound to. However, to give me an order to leave my daughter in an unsafe situation is against not only my morals as an officer but also as a mother. I stated on several occasions that as soon as my daughter was taken care of I would be more that glad to get back on the next plane going over. I wish to continue to serve my Country as an Army Officer and because of this extreme injustice I am told that I cannot." 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: 100105 Discharge Received: Date: 100329 Chapter: 4-2A AR: 600-8-24 Reason: Substandard Performance RE: SPD: JHK Unit/Location: 1st Air Cav Bde, 1 CAV, Fort Hood, TX 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: 22 Current ENL Date: 060604 Current ENL Term: NIF Years ????? Current ENL Service: 3 Yrs, 09Mos, 26Days ????? Total Service: 7 Yrs, 11Mos, 13Days ????? Previous Discharges: ARNG 020417-060512/HD (Concurrent Service) Highest Grade: CPT/O3 Performance Ratings Available: Yes No MOS: 15AB2 General Aviation GT: NA EDU: Coll Grad Overseas: SWA Combat: Iraq (090428-090901) Decorations/Awards: AAM, NDSM, GWOTEM, ASR V. Post-Discharge Activity City, State: Harker Heights, TX Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 December 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2, AR 600-8-24, by reason of personal misconduct, substandard performance of duty and derogatory information. The applicant was directed to show cause for retention on active duty for receiving a GOMOR (091113) for violating two direct orders from the battalion commander and refusing to return to theater; substandard performance of duty by a downward trend in overall performance and conduct unbecoming an officer. She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal. This applicant was a probationary officer who is not entitled to an administrative board hearing. However, she submitted matters in response to the initiation of the elimination action. On 9 January 2010, the CG, 1st Cav Div, Baghdad, Iraq recommended that the applicant be separated with an honorable characterization of service. The Ad Hoc Review Board recommended the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge. On 15 March 2010, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The record also contains a GOMOR dated 091113. b. Legal Basis for Separation: Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue, and documents she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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 Army Officers. By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable conditions discharge. The analyst noted the applicant's issue that she was separated based on false statements and the chain of command accused her of trying to get out of a deployment instead of the correct reason. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the reason for discharge and the characterization of service remain both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 February 2011 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: Police arrest report, two character letters, emails, temporary order for child custody 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100014555 ______________________________________________________________________________ Page 3 of 3 pages