Case Number AR20070013935

Application Receipt Date: 071009	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents 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:    Date: 070308
Discharge Received:     Date: 070917   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HQ, 30th Eng Bn (TOPO), (Theater Army), 20th Eng Bde (Combat) (ABN), Fort Bragg NC  

Time Lost: 060913-061022

Article 15s (Charges/Dates/Punishment): 061222/ Violate a lawful Gen Ord (060627) to wit: wrongfully engaged in sexual intercourse; made false statement (060627); forfeiture of $636 x 2 months suspended, 45 days extra duty, 45 days restriction. FG

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  751219  
Current ENL Date: 041027    Current ENL Term: 03 Years  16 weeks
Current ENL Service: 02 Yrs, 09Mos, 11Days ?????
Total Service:  10 Yrs, 03Mos, 28Days ?????
Previous Discharges: USAR-930217-930729/NA
                                       ADT -930730-970729/NA
                                       USAR-970730-010216/NA
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92Y10 (Unit Suply Specialist); 42L10 (Admin Spec)   GT: 113   EDU: HS  Grad   Overseas: Germany, Southwest Asia   Combat: Afghanistan (060311-060830)
Decorations/Awards: AAM, AGCM, NDSM, ACM,GWOTSM, ASR, NATO Medal
V.  Post-Discharge Activity

Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 8 March 2007,  the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct - (On 27 June 2006, applicant committed adultery,  she had sexual relations with someone whom was not her spouse.  On 11 July 2006, applicant made false official statement in that she claimed to have been raped.  On 3 August 2006, a Summary Court-Martial found her quility of UCMJ Article 92, Violation of a General Order; UCMJ Article 128, Attempted Assault; and UCMJ Article 134, Communicating a threat.  On 21 November 2006, applicant was convicted of a felony crime by the State of Virginia for Forgery of a public record), with an under other than honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, advised of the impact of the discharge action, executed her right to an administrative separation board and  was advised of the impact of the discharge action, and did submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.   On  7 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions discharge.

      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, 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.  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: 18 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 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: Gloria Blake, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: ?????
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: 18 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE


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