Application Receipt Date: 060405

Prior Review    Prior Review Date: None

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

Issues: See 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: 051117
Discharge Received:     Date: 051206
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: E Company 4th SB 1st Bn 22nd IR Fort Hood, TX 76544

Time Lost: AWOL-2 days (051017-051019), she then admitted herself into the
Darnall Army Hospital and the chain of command was notified.

Article 15s (Charges/Dates/Punishment): 051027-without authority, fail to
go at time prescribed to your appointed place of duty, (050701)/Company
Grade.

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  860923
Current ENL Date: 040810    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 01 Yrs, 03 Mos, 27 Days      
Total Service:  01 Yrs, 03 Mos, 27Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 92Y10 Unit Supply Spec   GT: 88   EDU: HS Grad   Overseas: None
Combat: None
Decorations/Awards: NIDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: Yuba City, CA
Current Address: 1668 Tamarack Drive
Yuba City CA 95991
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 16 November 2005, 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 (absent without leave from 17 October 2005 to 19 October 2005.
On numerous occasions, she failed to be at her appointed place of duty, and
on numerous occasions she has shown disrespect to NCOs), 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
21 November 2005, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged and did not specify a
characterization of service.

      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 during
the period of enlistment under review and the issue she submitted, the
analyst noted that the unit commander used “Board Procedures” when
notifying the applicant that he was initiating action to separate her under
the provisions of Chapter 14, AR 635-200, by reason of misconduct.  By
using “Board Procedures” the authority for approval of the applicant’s
separation rested with the General Court-Martial Convening Authority.  The
evidence of record shows that someone other than the General Court-Martial
Convening Authority approved the applicant’s discharge.  In view of the
foregoing, the discharge was improper.  Accordingly, relief in the form of
an upgrade of the characterization of service to fully honorable and a
change to the narrative reason for separation to Secretarial Authority is
recommended to the Board.  This action does not entail a change to the
reentry eligibility (RE) code; however, the Board can consider it.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 21 March 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     No change    (Character)
                                        Change     No change    (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
inequitable.  The Board does not condone the applicant's misconduct;
however, determined that the circumstances surrounding the discharge
mitigated the discrediting entries in his service record.  Accordingly, the
Board voted to grant relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to Secretarial Authority.  This action does
not entail a change to the reentry eligibility (RE) code.

















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: Secretarial Authority under provisions of Chapter 5, AR
635-200.
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: 26 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder