Application Receipt Date: 070302
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 060830
Discharge Received: Date: 061013
Chapter: 14 AR: 635-200
Reason: Pattern of Misconduct
RE: SPD: JKA
Unit/Location: Headquarters and Headquarters Company, Special Activities,
Fort Belvoir, VA 22060
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060425/Stealing money from another
Soldier X 2, in the amounts of $400.00 and $200.00 on or about
(060210)/(Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 790515
Current ENL Date: 040322/OAD Current ENL Term: 2 Years The applicant's
period of service on active duty was extended on (050314) for 1 year, and
11 months, and on (060207) for 1 year, 1 month, and 2 days, giving her an
End Date of (070310).
Current ENL Service: 02 Yrs, 06Mos, 22Days (Item 12c "Net Active Service
This Period" of the applicant's DD Form 214 incorrectly reads as 2 years, 7
months, and 3 days, should read 2 years, 6 months, and 22 days).
Total Service: 06 Yrs, 00Mos, 19Days
Previous Discharges: USAR-000925-040321/Concurrent Service
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92G10 (Food Service Operation) GT: NIF EDU: HS Grad Overseas:
None Combat: None
Decorations/Awards: ARCAM, NDSM, ASR, AFRM (w/M Device), AAM, Certificate
of Achievement
V. Post-Discharge Activity
Home of Record: Woodbridge, VA
Current Address: 4660 Martin Luther King Ave (Apt B602)
Washington DC 20032
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 30 August 2006, 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 (receiving a Field Grade Article 15 for stealing money from a
fellow Soldier in the amount of $600.00 on or about 10 February 2006, and
committing larceny in the city of Alexandria, Virginia by obtaining
approximately $11,000 by false pretenses from GEICO), with a under other
than honorable conditions discharge. She was advised of her rights. The
applicant's election of rights regarding her consultation with legal
counsel, the chain of command's recommendation for separation from the
service, and the separation approving authority directing the applicant's
discharge, are not part of the available record. Furthermore, it appears
that the applicant was entilted to a administrative separation board, by
virtue of her being recommended for a under other than honorable conditions
discharge, however the administrative separation board proceeding's are not
part of the available record, and the analyst presumed Government
Regularity in the discharge process. On 13 October 2006, DA, US Army
Garrison, Fort Belvoir, Fort Belvoir, VA 22060-5920, orders 286-0002,
discharged the applicant from the United States Army Reserve, effective
date: 13 October 2006.
The applicant has a Progress Report dated (060213), in her Official
Military Personnel File.
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 available military
records, documents, and the issue she submitted, the analyst found no
mitigating factors that would merit an upgrade of the applicant's
discharge. The applicant’s 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 applicant’s service mitigated the
misconduct or poor duty performance. Furthermore, if the applicant desires
to reenlist, she should contact the local recruiter to determine her
eligibility to reenlist. Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of reentry eligibility (RE) codes. Therefore, the analyst
determined that 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: 1 October 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 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, and voted to deny relief.
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
AF | DRB | CY2007 | AR20070003088
Were Proper Discharge and Separation Authority procedures followed? 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, and voted to deny relief. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...
ARMY | DRB | CY2006 | AR20060012258
Facts and Circumstances: Evidence of record shows that on 7 April 1993, 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 (receiving a company grade Article 15 on 4 February 1993 for assault; receiving a company grade Article 15 on 22 February 1993, failing to go to extra duty; and receiving several counseling statements X 4, 24 February 1993, 25 February 1993, 9 March...
ARMY | DRB | CY2007 | AR20070012675
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 18 January 1995, 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 for sleeping on duty (941123), received an Article 15 for disrespecting a NCO, received an Article 15 for possession of marijuana (940711), received negative counseling statements x 6 (940824), (940715), (940517), (940319),...
ARMY | DRB | CY2008 | AR20080018974
Applicant Name: ????? Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade:...
ARMY | DRB | CY2008 | AR20080017134
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct, with a characterization of service of under other than honorable conditions. The analyst noted the applicant's issues outlined in the attached brief; however, by his misconduct (i.e., two Article 15s, and the offense's contained in the notification letter to discharge the applicant from the Army, which he signed acknowledging the misconduct),...
ARMY | DRB | CY2006 | AR20060007009
Current ENL Service: 02 Yrs, 05 Mos, 24 Days ????? On 18 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. 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...
ARMY | DRB | CY2006 | AR20060012222
Original Character of Discharge Unit CDR Recommended Discharge: Date: 060227 Discharge Received: Date: 060421 Chapter: 14 AR: AR 635-200 Reason: Misconduct (AWOL) RE: SPD: JKD Unit/Location: Company P, 266th Quartermaster Battalion, Fort Lee, VA Time Lost: The applicant was AWOL for a total of 17 days from (060128-060131), and (060202-060216). On 11 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...
ARMY | DRB | CY2006 | AR20060015482
Facts and Circumstances: Evidence of record shows that on 20 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 (disrespected a noncommissioned officer X 3, on or about (040416, 050128, 050503); disrespected and disobeyed a noncommissioned officer on or about (050128); left her place of duty, and disobeyed a noncommissioned officer on or about (051011)), with...
ARMY | DRB | CY2008 | AR20080003459
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 12 April 2006, the separation authority waived further rehabilitative efforts and directed...
ARMY | DRB | CY2009 | AR20090009957
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 July 2006, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...