Application Receipt Date: 060725
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 950220
Discharge Received: Date: 950403
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: JHJ
Unit/Location: Headquarters and Headquarters Company, 1st US Army Support Battalion, Unit #31520, APO AE 09832
Time Lost: None
Article 15s (Charges/Dates/Punishment): Summarized Article 15/950124/Failure to go at the time prescribed to her appointed place of duty on or about (950121).
950219/Failure to go at the time prescribed to her appointed place of duty and wrongful overindulgence in intoxicating liquor or drugs, incapacitating her for the proper performance of her duties on or about (950209)/(Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 670810
Current ENL Date: 920103 Current ENL Term: 04 Years ?????
Current ENL Service: 03 Yrs, 03Mos, 01Days ?????
Total Service: 03 Yrs, 03Mos, 01Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 88N10 (Traffic Management Coordinator) GT: 99 EDU: HS Grad Overseas: Sinai Egypt Combat: None
Decorations/Awards: NDSM, 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:
The evidence of record shows that on 20 February 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (receiving two Article 15's, several counseling statements for failing to report to duty on time and leaving her appointed place of duty and dereliction of duty), 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. On 6 March 1995, 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 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 during the period of enlistment under review and the issue she submitted, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as the incidents of unsatisfactory performance. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is now inequitable. While the applicant's unsatisfactory performance is not condoned, the analyst found that the overall length of the applicant's service, and the time that has elapsed since her discharge mitigated the discrediting entries in her service record. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 July 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 4 No change 1 - 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 does not condone the applicants unsatisfactory performance; however, determined that the characterization of service was too harsh, and as a result, it is now inequitable. The Board found that the length of the applicant's service; and the time that has elapsed since her discharge, mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.
Case report reviewed and verified by: Eric S. Moore, 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: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010370
Applicant Name: Ms.
______________________________________________________________________
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