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ARMY | DRB | CY2007 | 20070007618
Original file (20070007618.txt) Auto-classification: Denied
Applicant Name:  

Application Receipt Date: 2007/06/04	Prior Review: No    Prior Review Date: 

I.  Applicant Request:  Change to Honorable
REASON: Yes    REASON CHANGE: No    RE CODE CHANGE: Yes

Issues: 144.0001 Administrative Discharge - PTSD 
 
100.0200 Change Date 
 


II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   
Unknown

See Attachments:  
       Legal: Yes    Medical: No    Minority Opinion: Yes    Exhibits: Yes

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	General Discharge Cert   Date: 2009/02/03
Discharge Received:	General Discharge Cert	   Date: 2009/02/03  
Chapter: 14   AR: 635-200
Reason: Misconduct	   RE: RE-1A     SPD: 55  
Unit/Location: 101 Airborne / VA

Time Lost: 

Reason: Civil Confinement 
Date From: 2008/01/05 
Date To: 2008/01/12 


Article 15s and Courts-Martial (Charges/Dates/Punishment): 




Counseling Records Available: No


IV.  Soldier’s Overall Record
Age at current enlistment:  
Current ENL Date: 2006/01/01   Current ENL Term: 3 Years  
Current ENL Service: 	3 Yrs, 1 Mos, 3 Days 
Total Service:  		3 Yrs, 1 Mos, 3 Days 

Previous Discharges: 

Discharge Type: Blue Discharge 
Discharge Date: 2007/01/01 
Service: US Army 


Highest Grade:	Private First Class - Enl Pay Grade 3	Performance Ratings Available: No
MOS: Information Technology  GT: 99  EDU: Doctorate Degree  Overseas:  No Combat: Yes
Decorations/Awards: 

Award/Decoration: Navy Commendation Medal 
 
Award/Decoration: Cdrs Award For Civilian Svc 
 
Award/Decoration: Achmt Medal For Civilian Svc 
 



V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: 
Good work in the community

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances: 
       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.  Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge).  (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.)  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
       

       b.  Legal Basis for Separation:  
       The Board carefully examined the applicant's record of service for the period of enlistment under review.  The evidence of record shows that on 6 October 1989 the applicant was barred from reenlistment for several incidents of writing bad checks.  The applicant, having determined that he was unable to overcome the local bar to reenlistment, requested immediate separation under the provisions of Chapter 16, AR 635-200, by reason of a locally imposed bar to reenlistment.  The applicant authenticated a request for separation with his signature in which he indicated that he understood that once separated, he would not be permitted to reenlist and would be ineligible for further service.  The applicant's request for separation was subsequently approved and the applicant was honorably discharged.  The Board found the reason for discharge to be both proper and equitable and voted to deny relief.
       
       
       c.  Response to Issues, Recommendation and Rationale:
       The Board carefully examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service.  The Board noted that the basis for the applicant's discharge was her inability to pass the APFT test on three occasions, recycled for academic performance, lack of motivation and her misconduct.  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 non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  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 narrative reason for separation was both proper and equitable and voted to deny relief.
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: ADRB	Date: 2009/01/30         Location: Washington, D.C.

Did the Applicant Testify?  Yes

Did the Applicant Appear?  Yes

Counsel: NA

Witnesses/Observers: NA

Exhibits Submitted: NA

VIII.  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.  Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge).  (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.)  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

        
IX.  Board Decision						

Board Vote:
Character – 
0 Change  2   No Change 
Reason -    
1 Change 1    No Change 
(Board member names available upon request)

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER			 
Colonel, U.S. Army
President, Army Discharge Review Board


Issue a new DD Form 214  Yes				
Change Characterization to:			         
Change Reason to: "Enlisted-Retirement - Disability, Permanent-Sfj"
Other:										
RE Code: 									 
Grade Restoration: No   Grade: 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070007618
______________________________________________________________________________


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