Application Receipt Date: 061129	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 050812
Discharge Received:     Date: 050909   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 364th S&S Co, 264th CSB (Abn), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050502, disobeyed a lawful order (050402), the continuation sheet was not in the available record; reduction to E-3, forfeiture of $382 (CG).

050520, violated a lawful general order (050507), failure to obey a lawful order (050507), making a false official statement (050517); reduction to E-1, $667 x 2, 45 days restriction and extra duty (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  800813  
Current ENL Date: 030930    Current ENL Term: 3 Years       
Current ENL Service: 1 Yrs, 11Mos, 10Days      
Total Service:  4 Yrs, 10Mos, 9Days      
Previous Discharges: RA 001031-030929/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistics   GT: 91   EDU: HS Grad   Overseas: Germany, Iraq, Afghanistan   Combat: Afghanistan (030601-031201), Iraq (040618-050628)
Decorations/Awards: ARCOM, AGCM, NDSM, ASR, OSR, GWOTEM, GWOTSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states she currently works for KBR in Iraq;  two letters of support and a Letter of Commendation from KBR are enclosed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 12 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct-for disrespecting and assaulting an NCO, violating the Task Force Commander's visitation policy, and disobeying and disrespecting unit NCOs, 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 did not submit 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 conditions discharge.  On 18 August 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 several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is now too harsh, and as a result it is inequitable.  The analyst determined that the overall length and quality of the applicant's service and her two combat tours mitigated the discrediting entries in her service record.  Accordingly, the analyst recommends to the Board that the applicant's characterization be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3."  If the applicant desires to reenlist, she should contact the local recruiter to determine her 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.  
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
Location: Washington, D.C.

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          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: Esmeralda Proctor, 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 AR20060016553

Applicant Name:  Ms.        
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