Application Receipt Date: 060703
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: 060105
Discharge Received: Date: 060123
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: D Battery 2nd Bn, 43rd ADA, 108th ADA Bde, Fort Bliss, TX 79916
Time Lost: AWOL-16 days from (051215-051230), mode of return to military control NIF. Applicant was confined by Military Authorities from (051215-060103) as a part of sentence due to her Summary Court-Martial, however, confinement period is not annotated on DD Form 214.
Article 15s (Charges/Dates/Punishment): 050531-having received a lawful order from a SSG, willfully disobeyed the same, (050516), and disrespectful in deportment toward a SSG, (050516), (Company Grade).
040918-having knowledge a lawful order issued by a CPT, failed to obey the same by wrongfully wearing a nose ring, (040828), (Company Grade).
040624-having knowledge a lawful order issued by a LTC, failed to obey the same by wrongfully consuming alcohol, (040613), (Company Grade).
Court-Martials (Charges/Dates/Punishment): Summary Court-Martial-051215, disobeyed a SGT, X 2, (051129), disrespected a SGT, (051129), and AWOL from (051129-051201), reduction to E-1, forfeiture of $823.00 and confinement for 20 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 850521
Current ENL Date: 051101 Current ENL Term: 2 Years ?????
Current ENL Service: 00 Yrs, 02 Mos, 07 Days ?????
Total Service: 01 Yrs, 10 Mos, 21 Days ?????
Previous Discharges: RA-040217-051031/HD
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 14T10 Patroit Operator/Maintainer GT: 107 EDU: GED Cert Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
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 on 5 January 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct (found guilty by a Summary Court-Martial, received three Company Grade Article 15s, and a Summarized Article 15 , constituting a pattern of misconduct), with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with 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 12 January 2006, 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 review of all the applicants military records during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Furthermore, eligibility for veteran's benefits to include educational benefits under the 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 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 0 No change 5 - Character
Change 0 No change 5 - 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. 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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009427
Applicant Name: Ms.
______________________________________________________________________
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