Applicant Name:  ?????

Application Receipt Date: 2011/11/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her conduct was due to her young age and immaturity at the time. However, since then she has learned many valuable lessons, and has many medical conditions that occurred while on active duty.  Therefore, she is requesting consideration to upgrade her discharge from a General Discharge, to an Honorable Discharge.  She realizes that she made many mistakes which included her immature behavior. 

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: 040504
Discharge Received: 			   Date: 040527   Chapter:   14-12c    AR: 635-200
Reason: Misconduct 	   RE:     SPD: JKQ   Unit/Location: C Company, 25th Brigade Support Battalion, Fort Lewis, Washington  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030612, gave a false official statement to a senior noncommissioned officer with the intent to deceive x 2 (030601); extra duty for 7 days; restriction for 7 days; (Summarized).

030702, without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 hours physical training formation (030916); failed to obey a lawful order issued by 1SG G  that trash was not to be placed her wall locker by placing two bags of trash in her wall locker (030916); reduction to E-2, suspended, to be automatically remitted if not vacated (040603); forfeiture of $301 pay, suspended, to be automatically remitted if not vacated (040603); extra duty for 14 days; restriction for 14 days to the limits of the company area, dining facility and place of worship; (CG).

030725, broke restriction (030616); reduction to E-3, forfeiture of $336 pay suspended, to be automatically remitted if not vacated before (031221); extra duty for 14 days; and restriction for 14 days; (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000725    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3  Yrs, 10 Mos, 3 Days ?????
Total Service:  		3  Yrs, 10 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W10 Medical NCO   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 May 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for disobeying a lawful order from 1SG G (031203), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 5 May 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board (was not entitled), 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 an under other than honorable conditions discharge.  
       
       On 6 May 2004, 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 available military records the issue submitted in the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to an honorable discharge.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that  the applicant had completed 3 years, 10 months and 3 days of a 4 year contract; as such the length of the applicant's service partially mitigated the discrediting entries in her service record.  Additionally, the analyst noted the applicant's youth at the time of enlistment and an apparent lack of maturity.  The analyst further noted that the applicant's discrediting entries were incidents of a minor nature. 
       
       While the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, the analyst found that the offenses were partially mitigated by youth and immaturity.  Accordingly the analyst determined that the characterization of service was too harsh and as a result, it is inequitable.  
       
       Accordingly, the analyst recommends to the Board that his characterization of service is too harsh and recommends relief in the form of an upgrade to fully honorable.  The analyst determined that the reason for discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion, 477 Michigan Avenue, Room 1210, Detroit, MI  48226

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149, Cover Letter from the American Legion  and a DD Form 214.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the applicant's record of service includes multiple incidents of misconduct during this period of service and finds the discharge to be both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	
Board Vote:  							          	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
							         
X.  Board Action Directed					         
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


XI.  Certification Signature
Approval Authority:




Colonel, U.S. Army
President, Army Discharge Review Board



Lieutenant Colonel, U. S. Army
Secretary Recorder









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 AR20110022631
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