Applicant Name: ?????
Application Receipt Date: 080104 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 070823 Chapter: 14 AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HHC, 299th FSB, APO AE 09344
Time Lost: None
Article 15s (Charges/Dates/Punishment): The unit commander stated in his notification memorandum that the applicant received three Article 15s and a vacation of suspension of punishment. However, the aforementioned documents are not part of the available record.
Courts-Martial (Charges/Dates/Punishment): The applicant was notified of a Summary Court-Martial to convene on 21 June 2007. However, that document is not part of the available record.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 041027 Current ENL Term: 3 Years 24 Weeks
Current ENL Service: 02 Yrs, 09Mos, 27Days ?????
Total Service: 02 Yrs, 09Mos, 27Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 92F10 Petroleum Supply Spec GT: 90 EDU: HS Grad Overseas: Germany/Southwest Asia Combat: Iraq (061001-071110)
Decorations/Awards: AAM, NDSM, ICM, GWOTSM, ASR, OSR
V. Post-Discharge Activity
City, State: Jonesboro, GA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 26 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense for receiving three (3) Article 15s and a vacation of suspension of punishment for failure to go or leaving her place of duty, disobeyed a lawful order from a NCO, contempt or disrespect towards a NCO, made a false official statement and communicating a threat; she was also found guilty by a Summary Court-Martial for disrespect towards an officer, willfully disobeyed an officer, contempt or disrespect towards a NCO, failed to obey a general lawful order and loss of military property, with an under other than honorable conditions discharge. She was advised of her rights. The applicant consulted with 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's recommendation for separation from the service and waiver of further rehabilitative efforts is not part of the available record and the analyst presumed Government regularity in the discharge process. On 5 August 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.
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 applicants military records during the period of enlistment under review, the issues and documents 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. 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: 5 November 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 2 No change 3
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080000283
______________________________________________________________________________
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