Application Receipt Date: 070302	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 060830
Discharge Received:     Date: 061013   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters and Headquarters Company, Special Activities, Fort Belvoir, VA  22060 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060425/Stealing money from another Soldier X 2, in the amounts of $400.00 and $200.00 on or about (060210)/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  
Current ENL Date: 040322/OAD    Current ENL Term: 2 Years  The applicant's period of service on active duty was extended on (050314) for 1 year, and 11 months, and on (060207) for 1 year, 1 month, and 2 days, giving her an End Date of (070310).
Current ENL Service: 02 Yrs, 06Mos, 22Days (Item 12c "Net Active Service This Period" of the applicant's DD Form 214 incorrectly reads as 2 years, 7 months, and 3 days, should read 2 years, 6 months, and 22 days). 
Total Service:  06 Yrs, 00Mos, 19Days ?????
Previous Discharges: USAR-000925-040321/Concurrent Service
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92G10 (Food Service Operation)   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCAM, NDSM, ASR, AFRM (w/M Device), AAM, Certificate of Achievement
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 on 30 August 2006, 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 (receiving a Field Grade Article 15 for stealing money from a fellow Soldier in the amount of $600.00 on or about 10 February 2006, and committing larceny in the city of Alexandria, Virginia by obtaining approximately $11,000 by false pretenses from GEICO), with a under other than honorable conditions discharge.  She was advised of her rights.  The applicant's election of rights regarding her consultation with legal counsel, the chain of command's recommendation for separation from the service, and the separation approving authority directing the applicant's discharge, are not part of the available record.  Furthermore, it appears that the applicant was entilted to a administrative separation board, by virtue of her being recommended for a under other than honorable conditions discharge, however the administrative separation board proceeding's are not part of the available record, and the analyst presumed Government Regularity in the discharge process.  On 13 October 2006, DA, US Army Garrison, Fort Belvoir, Fort Belvoir, VA 22060-5920, orders 286-0002, discharged the applicant from the United States Army Reserve, effective date:  13 October 2006.
      
      The applicant has a Progress Report dated (060213), in her Official Military Personnel File.
      
      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 available military records, documents, 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.  Furthermore, 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 October 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 0    No change 5   - 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, and voted to deny relief.

Case report reviewed and verified by:  Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 

CHRISTINE U. MARTINSON			DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE