Applicant Name: ?????
Application Receipt Date: 071025 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 070403
Discharge Received: Date: 070427 Chapter: 14 AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC, 1st STB, Fort Campbell, KY
Time Lost: AWOL for 105 days (041012-050114), mode of return unknown.
Article 15s (Charges/Dates/Punishment): 050602, AWOL (041012-050114), willfully and unlawfully alter a public record (040924), and disobeying a lawful order (050310), reduction to E-1 (suspended), forfeiture of $617.00 pay per month for two months (suspended), 45 days extra duty, and 45 days restriction, (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 030407 Current ENL Term: 05 Years ?????
Current ENL Service: 03 Yrs, 09Mos, 18Days ?????
Total Service: 03 Yrs, 09Mos, 18Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 31B10/Military Police GT: 96 EDU: HS Grad Overseas: Southwest Asia, Korea Combat: Iraq (050904-060926)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, KFSM, ICM, OSR
V. Post-Discharge Activity
City, State: Hobart, WA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 4 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpatterns of misconduct for being AWOL, failing to report, disobeying and disrespecting noncommissioned officers, failing to maintain proper accountability of her equipment, and failing to pay just debts, with a general, under honorable conditions discharge. She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, 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 with a general under honorable conditions discharge. On 16 April 2007, the separation authority 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, 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 during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Furthermore, the analyst noted the applicant's issue, however, the analyst found no evidence of arbitrary or capricious actions by the command. 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. In view of the forgoing, the analyst determined that the reason for discharge and the chaaracterization of service were both proper and equitable and recommands to ther Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 17 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070015154
______________________________________________________________________________
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