Case Number AR20070013575
Application Receipt Date: 071003
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the Applicant
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: NIF Date: NIF
Discharge Received: Date: 040206
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: HQ, 118th Military Police BN, RIARNG, Warwick, RI
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 610508
Ordered to AD Date: 030207 Current ENL Term: 1 Years
Current ENL Service: 01 Yrs, 00Mos, 00Days
Total Service: 18 Yrs, 04Mos, 03Days
Previous Discharges: USAR 810929-820313/HD
USAR 820314-870828/HD
USAR 900925-920923/UNK
ARNG 920923-000105/GD
ARNG 000106-011026/UNK
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 56M Chaplain Assistance GT: 96 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq/Kuwait 030328-030731
Decorations/Awards: ARCAM, NDSR,AFRM w/M device, NPDR, ASR
V. Post-Discharge Activity
Home of Record:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 31 December 2003, Orders 365-1012, DA, HQ, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum New York, released the applicant from the active duty, effective date: 6 February 2004. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) and DD form 215 (Correction to DD Form 214). Her DD Form 214 indicates that she was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of honorable conditions; however the DD Form 215 changes the characterization of service to general under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct). Applicant's NGB for 22 reflects general under honorable conditions discharge for the timeframe in question. The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
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 applicants military records, and the independent evidence she submitted, the analyst determined that the applicants available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction of DD Form 214), . These document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 along with the DD Form 215 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the file was void of any evidence of PTSD or injuries sustained by the applicant while in Iraq and the applicant did not provide any corroborating evidence of the aforementioned medical issues. Therefore, the analyst determined 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: 19 December 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 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.
Case report reviewed and verified by: Gloria Blake, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: ?????
RE Code:
Grade Restoration: No Yes Grade: ?????
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 19 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
______________________________________________________________________
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