Applicant Name:  ?????

Application Receipt Date: 2011/01/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was discharged without a hearing after she asked for a trial by court-martial and it was found that there was not enough of a charge or evidence against her to merit such action.  She did nothing illegal or immoral and was wrongfully accused on several occasions in order to build a case against her.  She is requesting that the judgment be overturned.

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: 100519
Discharge Received: 			   Date: 100616   Chapter:  14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Headquarters and Headquarters Company, 3d General Support Aviation Battalion, 2d Combat Aviation Brigade, 2d Infantry Division, APO AP 96271                     

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090729, without authority failed to go at the time prescribed to her appointed place of duty, 0630 Accountability Formation, Building #583 (090429), disrespectful in deportment toward 1SG G (090629), disrespectful in language toward SSG S, by saying to him “Asshole” (090324), reduction to E-4, forfeiture of $200.00 pay per month for one month, both suspended to be automatically remitted if not vacated before (090927), extra duty for 14 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  43
Current ENL Date: 070917    Current ENL Term: 3 Years  2 Weeks
Current ENL Service: 	2    Yrs,  9 Mos,  0 Days ?????
Total Service:  		12  Yrs, 7 Mos,   4 Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42A20 Human Resources Specialist   GT: 110   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: JSAM, AAM, ARCAM x 2, NDSM, GWOTSM, KDSM, NPDR, ASR, OSR x 2, AFRM w/, AFRM w 10 Year Device-Bronze

V.  Post-Discharge Activity
City, State:  Rialto, CA
Post Service Accomplishments: None







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12b, AR 635-200, by reason of misconduct, for:
       
       a. having received direct instructions from CPT J, to act as a Truck Commander to move a vehicle from the Battalion Headquarters back to the Company Motor Pool, did willfully and wrongfully disobey the same, while being disrespectful in deportment towards CPT J (090316);
       
       b. failed to be at her appointed place of duty, 0630 Company Accountability Formation, located at Building 583 (090429);
       
       c. having received a lawful order from First Sergeant G, to produce her clearing papers, did willfully and wrongfully disobey the same (091109);
       
       d. having received a lawful order from Sergeant First Class L-B, to finish clearing the installation while being escorted by Staff Sergeant M, did willfully and wrongfully disobey the same (091109);
       
       e.  failed to be at her appointed place of duty, 0630 Accountability Formation, located at Building 583 (100127);
       
       f.  failed to be at her appointed place of duty, 0730 Accountability Formation, located at Building 1078 (100224)  with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 21 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an administrative separation board, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 2 June 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 of this regulation 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; however, a general, 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, the analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel on 21 May 2010, and requested consideration of her case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board.  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 September 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement and her OMPF.

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 and is improper.  The evidence of record shows that the applicant consulted with legal counsel and requested consideration of her case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it.  The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  The applicant was not reduced in grade and as such this action does not entail a grade restoration. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge).
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 AR20110001669
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