Application Receipt Date: 061129	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: 1.  I received punishment for my actions while on active duty and believed it was just, but do not believe it is just to punish me again with a General discharge which will impact the rest of my life.
2.  I tried to address my problems of manic and depressed behavior from the mental health department to no avail.
3.  I don't believe the Army adequately addressed my problems but chose not to deal with them even though my performance on the job was satisfactory.  

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:  050929  
Discharge Received:     Date: 051110   
Chapter: 14 -12b           AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Medical Company, US Army Medical Activity, USMA, West Point, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 
050721/ Disobeyed a lawful order (050630) to wit: order from CPT Jurado to contact the Primary Financial Services to settle a bad check ($776.50), and, uttering a bad check (050531); reduction to E2, forfeiture of $323.00 x 1 month, 14 days restriction, and 14 days extra duty. CG.

050113/ Disrespect to a non-commissioned officer (041201); reduction to E3, forfeiture of $383.88 x 1 month, and 14 days extra duty. CG.

030108/ Dereliction of duty (021016) to wit: failed to properly assemble four surgical sets, and failure to go to appointed place of duty (020930) to wit: PT formation. CG.

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  830622  
Current ENL Date: 010608    Current ENL Term:   6   Years       
Current ENL Service:   04 Yrs,   05    Mos,  24 Days      
Total Service:    04 Yrs,   05    Mos,   24Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91D10  Operating Room Specialist   GT: 104   EDU: HS Grad   Overseas: None	   Combat: None	
Decorations/Awards: ASR / NDSM / GWOTSM / GCMDL 
V.  Post-Discharge Activity
Home of Record: Chicago, IL
Current Address: 3536 S Kennedy Ct 
Bloomington IN 47401
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 29 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-for disobeying a lawful order from a commissioned officer (050630), disrespect to a non-commissioned officer (041201), dereliction of duty (021016), and failure to go to appointed place of duty (020930), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 a general, under honorable conditionsdischarge.  On 10 November 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 review of all the applicant's military records, and the issue she submitted, 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 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 or poor duty performance.  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:                    
Location: Washington D.C.

Did the Applicant Testify?  Yes     No  

Counsel:      

Witnesses/Observers:       

Exhibits Submitted:      

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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     
Case report reviewed and verified by: Edgar Yanger, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016547

Applicant Name:  Ms.        
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