Application Receipt Date: 2006/10/16	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.  The applicant essentially states that she was treated unfairly and discriminated against.  She had an administrative separation board that recommended that she be retained in the Army with a rehabilitative transfer but she never received such a transfer.  Instead she was placed under the supervision of the supply sergeant, a SSG, who also supervised other problem soldiers.  She states that she self referred to mental health and asked her command for a hardship discharge as recommended by the mental health counselor but never heard about her request.    She further states that she has not received her final pay and that she is currently a contractor at Fort Gordon, GA.  She would like an upgrade to an honorable discharge to be able to get a GS job.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 040624
Discharge Received:     Date: 040824   
Chapter: 14, Para 2c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HQ/Joint Readiness Training Center, Fort Polk, LA 71459 

Time Lost: 2 days, AWOL (040706-040707)

Article 15s (Charges/Dates/Punishment): 040614, failure to report x 4 (040521, 040504, 040503, 040429), disrespectful in deportment to an NCO (040521), disobeying a lawful order from an NCO x 2 (040521, 040510), false statement x 2 (040506, 040419), reduction to E-4, forfeiture $945 x 2 (suspended), 45 days extra duty (suspended), 45 days restriction (FG).  

031219, failure to report (031014), false statement (031007), forfeiture $502 (suspended), 14 days extra duty (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  760709  
Current ENL Date: 990916    Current ENL Term: 5 Years  7 month extension
Current ENL Service: 04 Yrs, 00Mos, 09Days      
Total Service:  09 Yrs, 06Mos, 22Days      
Previous Discharges: RA, 950131-990915/HD
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 97B20/Counter Intelligence Agent   GT: 111   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: JSAM, AAM, GCM-3, NDSM, GWOTSM, ASR, OSR, NCOPDR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Works as a contractor at Fort Gordon, GA

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 24 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-for having received a Company Grade Article 15 (031219) for failure to report and making a false claim, for having received a Field Grade Article 15 (040614) for several counts of failure to report, disrespect to a senior non-commissioned officer (NCO), disobeying a lawful order, for making false statements, for being AWOL (060706-060707) and for having received numerous negative counseling statements, with a under other than honorable conditions discharge.  She was advised of her rights.  On 27 July 2000, the applicant waived her right to consult with legal counsel, however an officer of the Judge Advocate General's office did advise the applicant of her rights, and she submitted an unconditional waiver to her rights to an administrative separation board 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 under other than honorable conditions discharge.  On 3 August 2004, the separation authority approved the applicant's unconditional waiver, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 applicant's military records, and the issues she submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant's misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst noted that the length and quality of the applicant's service and the circumstances surrounding her misconduct mitigated the discrediting entries in her service record.  However, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 	Date: 5 December 2007 Location: Washington, D.C.

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 5    No change 0   - 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 characterization of service was too harsh based on her length and quality of service and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it. 

Case report reviewed and verified by: Alejandro Champin, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: E-4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 

CHRISTINE U. MARTINSON			DATE: 7 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014792

Applicant Name:  Ms.       
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