Application Receipt Date: 060519	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, "My discharge was based on one incident that ocurred in my three years of exceptional conduct.  I was denied my leave even though my then current situation with my family required for me to stay an extra two weeks, but I was denied my leave.  I had 60 days accrued and unused leave when this happened.  My family was in jeopardy, and I chose my family.  I was given an article 15, with nothing said about my rejection to use what was rightfully mine and many evidence or testimonies from past supervisors of my excellent conduct.  I was also discharged for this same incident with a General Under Honorable condition."

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: 030702
Discharge Received:     Date: 030730   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKD
Unit/Location: C Company, 172d Support Battalion, Fort Wainwright, AK  

Time Lost: AWOL for 172 days from (021102-030424); the applicant was apprehended by civil authorities, placed in the Lawrence County Jail, Bedford IN, and transferred to military authorities at PSB, Fort Wainwright, AK 99703-5000.

Article 15s (Charges/Dates/Punishment): 030514-AWOL without authority absent herself from her unit and remain absent from (021102-030424); Field Grade.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810615  
Current ENL Date: 991102    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 3 Mos, 5 Days ?????
Total Service:  3 Yrs, 3 Mos, 5 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91B10, Medical Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSR, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 30 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c(1), AR 635-200, by reason of misconduct-commission of a serious offense (you were AWOL from 2 November 2002 to 24 April 2003), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted 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 July 2003, 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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.  Therefore, the analyst found that the characterization of service and the reason for discharge were both proper and equitable and recommends the Board vote to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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
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 not to change it.
























Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 2 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007100

Applicant Name:  Ms.       
______________________________________________________________________


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