Application Receipt Date: 060526
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293
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: 040304
Discharge Received: Date: 040417
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: HQ & HQ Company, 524th Military Intelligence Battalion, 501st Military Intelligence Brigade, Youngsan Transition Center, APO, AP 96205-0089
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040220, with intent to defraud, falsely made the signature of a CPT upon a dispatch request (040112), (Summarized)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 781212
Current ENL Date: 021023 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 5 Mos, 25 Days ?????
Total Service: 1 Yrs, 5 Mos, 25 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 56M10 Chaplain Assistant GT: 97 EDU: Coll Grad Overseas: Korea (030324-040417) Combat: None
Decorations/Awards: GCMDL, NDSM, KDSM, ASRA
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:
The evidence of record shows that on 4 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (received a Summarized Article 15 for forging a signature to a vehicle dispatch, several counseling statements for substandard performance, failure to follow orders, failure to be at her appointed place of duty at the time prescribed, failure to wear the proper uniform, and dereliction of duty), with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 18 March 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, the issue and the independent evidence she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge. The evidence of record shows that the applicant was discharged under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance with an honorable discharge. The evidence of record further shows that command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of nonjudicial punishment. The applicant failed to respond appropriately to these efforts. Therefore, it is recommended to the Board that the narrative reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 March 2007
Location: Washington, DC
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.
Case report reviewed and verified by: Mr. Ron Williams, 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: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007479
Applicant Name: Ms.
______________________________________________________________________
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