Applicant Name:  ?????

Application Receipt Date: 2011/11/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant request that her discharge be upgraded to honorable so that she can receive financial assistance to further her education.  She states that she left college to join the Army so that she could get money for her college education.  

She arrived back in  for her first duty assignment and received some devastating news that her father had a type of bone cancer and this was the beginning of her hardships in her military career.  

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: 050222
Discharge Received: 			   Date: 050225   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: ????? 

Time Lost: AWOL x 2 (021106-050208) 825 days; the applicant was apprehended by the civil authorities at and was transferred to ; AWOL (020927-020930) 4 days, the applicant returned to her unit.  Total time lost was 829 days.  

Article 15s (Charges/Dates/Punishment): 020912, failed to go to her appointed place of duty (020820), reduction to Private First Classs (E-3), extra duty for 14 days, and an oral reprimand (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 000810    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 3  Mos, 8  Days ?????
Total Service:  		2 Yrs, 3  Mos, 8  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her self authored statement that she played basketball at , graduated with an Associate of Arts Degree in Social Sciences and currently work as a youth care worker.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she went AWOL and remained in that status for a period of two years before surrendering to the authorties, with an under other than honorable conditions discharge. 
       
       She was advised of her rights.  On 22 February 2005, the applicant waived legal counsel and unconditionally waived her right to have her case considered by an administrative separation board; 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 an under other than honorable conditions discharge.  On 22 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
The record contains a Military Police Report in reference to the applicant's offense of; AWOL dated 3 October 2002.
       

       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, and the issue and documents she submitted, the analyst determined that the applicant’s characterization of service is improper.  
       
       The record shows that the applicant was notified under Board Procedures, AR 635-200.  The final decision for her separation and characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record indicates that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  
       
       Notwithstanding the propriety of the discharge, the analyst determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could have approved was a general, under honorable conditions.  Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  The analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  
       
       The analyst noted the applicant's issue requesting that her discharge be upgraded to honorable so that she can receive financial assistance to further her education. By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. 
       
       
       
       
       
       
       
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  
       
       The applicant further contends that she arrived back in for her first duty assignment and received some devastating news that her father had a type of bone cancer and this was the beginning of her hardships in her military career.  
       
       While the applicant may believe her family issues at home was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her family issues through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, she has provided no evidence that she should not be held responsible for her misconduct.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 4 November 2011, self authored statement dated November 3, 2011, xerox copy of her Official Military Personnel Record with various dates.  

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 characterization of service is improper.  The applicant was notified under Board Procedures, AR 635-200, the final decision for her characterization of service was to be made by the General Court Martial Convening Authority (GCMCA). 

The record shows that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the Board determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could’ve approved was a general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  















IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change



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 AR20110023268
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