Applicant Name: 

Application Receipt Date: 2007/11/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:   The Applicant in fact states:  "The reason that my discharge should be changed is that there were higher ranking individuals whom I worked for and under who found me to be a good soldier, with the potential to be a great soldier. The reason that my minor disciplinary infractions occured is due to my chain of command not providing me with the correct guidance or directions to perform my job. The reason that these disciplinary actions were started was simply due to failure to write a 10,000 word essay for a sergeant who had a sexist dispostion for female soldiers. After this occurence I recieved a company article 15 reduced to rank to an E1, and given two weeks of extra duty. After this occurence the sergeant had turned all the other sergeants in the company against me, and I was ridiculed and harrassed continuously by the company. This led me to being confused and hurt, and uncertain of what my job duties were or what was expected from me. From these occurences I made the attempt to justify my situation by asking the sergeants for reasons for their actions towards me which led to stating that I was insubordinate. This is what led to my discharge. I was not given the opportunity for a rehabilitation by transferring to a different company. Instead the company stated they had given me rehabilitation by transferring me to headquarters from second platoon which in actuality I was already assigned to through paperwork due to the fact that I was a medic, and my second sergeant (besides the squad sergeant) who was in charge of me was already the head medic of headquarters. This then in no way could have been a rehabilitative transfer since headquarters was a unit that I already had been assigned to. In addition I have a letter from a MD captain whom I worked for during a training exercise in Grafenwohr who stated that I was a good soldier, with the potential to be a great soldier. In addition there were other sergeants during this period who found me to have the capability to be a good soldier if given the opportunity to. These are the reasons that I am requesting a discharge change from general to honorable. I will send the documentation of the company's hatred towards me through their disciplinary actions, as well as the letter of commendation from the captain I had mentioned above."

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: 061018
Discharge Received: 			   Date: 061117   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 630th MP Co, Bamberg, Germany 

Time Lost: 25 days, military confinement (061018-061111)

Article 15s (Charges/Dates/Punishment): 060810, disobeyed a lawful order from a NCO x 2 (060620 and 060703), disrespect to a NCO (060715), forfeiture of $299, 14 days extra duty and restriction (CG)

060510, disrespect and disobeyed a lawful order from a commissioned officer, disobeyed a lawful order from a NCO x 2 (060427), forfeiture of $636 x 2 (1 month suspended), 45 days extra duty and restriction (FG)

060324, disrespect to a NCO (060127), disobeyed a lawful order from a NCO (060302), reduction to E-1, forfeiture of $297 (suspended), 14 days extra duty and restriction (CG)

Courts-Martial (Charges/Dates/Punishment): 061018, SCM, disrespect to a NCO and disobeyed a lawful order from a NCO (060914), 30 days confinement.


Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 051205    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 19Days ?????
Total Service:  		01 Yrs, 03Mos, 02Days ?????
Previous Discharges: 	USAR 021104-021220/UNC
                                       ARNG 040324-051204/HD
                                       IADT   050602-051014/UNC
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Spc   GT: 114   EDU: 3 Years College   Overseas: Germany, Iraq   Combat: Iraq (060628-060921)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  Albuquerque, NM
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct —for repeated acts of disrespect toward NCOs and for failure to obey lawful orders multiple times, 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, 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 of the separation action with a general under honorable conditions discharge.  On 26 October 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.

       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 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.  Additionally, the evidence of record shows that the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  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: 26 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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. 
        
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 AR20070016070
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