Application Receipt Date: 060602	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: NIF
Discharge Received:     Date: 051116   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: HHD 130th Finance Bn, LSA Anaconda, Iraq APO AE 09391 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051008-having received a lawful command from a CPT, did willfully disobey the same, (050930), (Company Grade).

050728-dereliction of duty x 2, (050703) and (050227), (Field Grade). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  590910  
Current ENL Date: 041006 O/A    Current ENL Term: 1 Years  6 months
Current ENL Service: 01  Yrs, 01 Mos, 11 Days ?????
Total Service:  16 Yrs, 11 Mos, 08Days ?????
Previous Discharges: USMCR-780629-780710/NA
                                      USMC-780711-820710/HD
                                      USMCR-870211-870628/NA
                                      ARNG-971209-981031/HD
                                      USARCG-981101-010723/NA
                                      ARNG-010724-051116/GD
                                          (Concurrent Service)
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 27D10 Para Legal Spec    GT: ?????   EDU: 14 years   Overseas: South West Asia   Combat: Iraq (041215-051104)
Decorations/Awards: NDSM (2), ASR, ICM, GWOTSM, MCGCM, AFRM w/ "M" Device, SSDR, COT (6)
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:
      Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct; however, the letter of notification initiating the separation action is not part of the availble record and the analyst presumed Government regularity in the discharge processs. She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in her own behalf.  The unit commander's recommendation for separation from the service is not part of the availble record and again the analyst is presuming Government regularity in the discharge processs.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 15 October 2005, 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, 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, but a general discharge under honorable conditions or an honorable discharge may be granted.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful analysis of the applicant’s military record of service during the period of enlistment under review, the issue and the documents she submitted, the analyst recommends that relief be denied in this case.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  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.  Accordingly, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 1    No change 4   - Character
		 			      Change 0    No change 5   - 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, voted to deny relief.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
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: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007849

Applicant Name:  Ms.        
______________________________________________________________________


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