Applicant Name: 


Application Receipt Date: 070924	

Prior Review    Prior Review Date: None

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

Issues: "In 2002 I joined the Army National guard and I am currently still a member of the National Guard.  In the last couple of years I have grown to be a great soldier and role model for other soldiers.  I am very proud to get up every morning and wear my uniform.  I wish I would have taken my military career more serious in 1996 but I was young and not ready to be a soldier.  I would very much like to submit a packet for warrant officer school but I feel I should try to fix the past first, which I feel I have done.  Thank you for your consideration in the matter."

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: ?????
Discharge Received:     Date: 961029   
Chapter: 14-12B    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: 513th MP Co, 10th MP Bn, 10th Mtn Div, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 960627, wrongfully appropriated US Savings Bonds of a value of about $400.00, the property of another Soldier (9503-9604); reduction to E-3, suspended for 60 days, forfeiture of 7 days pay, suspended for 60 days, 14 days extra duty, 14 days restriction suspended for 60 days (CG).

960722, Failure to obey a lawful order from an NCO (960709); previous suspension vacated, reduction to E-3, forfeiture of 7 days pay (CG).

000722, Suspension of punishment of reduction to E-3, and forfeiture of 7 days pay, forfeiture of $303.00 pay per month for one month, was vacated based on the following offense of disobeying a lawful order from an NCO (960709) (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  71/07  
HOR City, State: Baltimore, MD
Current ENL Date: 960202    Current ENL Term: 3 Years  ?????
Current ENL Service: 00 Yrs, 08 Mos, 26 Days ?????
Total Service:  05 Yrs, 10 Mos, 20 Days ?????
Previous Discharges: ARNG  901210-910804/NA
                                      ADT    910805-911207/NIF
                                      ARNG  911208-930519/NA
                                      RA       930520-960202/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92G  Food Service   GT: 97   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed by Applicant.  Applicant states she is a SGT in the National Guard.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 October 1996, 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 a pattern of misconduct and commission of a serious offense, failure to obey lawful orders and wrongful appropriation of more than $100.00, with a general, under honorable conditions discharge. The Applicant was advised of her rights.  The Applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an Administrative Separation Board contingent upon her receiving a characterization of service no less favorable than under honorable conditions.  Because Applicant did not have six or more years total service, she was not entitled to have her case considered by an Administrative Separation Board. 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 7 October 1996, 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.

       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, however, a general 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 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, the analyst noted that the Applicant met entrance qualification standards to include age.  There is no evidence that the Applicant was any less mature than other soldiers of the same age who successfully completed military service. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 2008              
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 2    No change 3   - 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.  

								        
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: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013347
______________________________________________________________________


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