Applicant Name: ?????
Application Receipt Date: 080215 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant provided no issues of equity or propriety to be considered by the board.
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: 050613
Discharge Received: Date: 050706 Chapter: 14-12B AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: HHC, 1st Bde, 1st Cavalry Division, Ft. Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050502 Fail to go at the time prescribed to her appointed place of duty, on 18 MAR 05; reduction to E2; forfeiture of $323 for one month 14 days extra duty and oral reprimand (CG)
040305 Fail to go at the time prescribed to her appointed place of duty, on 15 FEB 04; reduction to E1; forfeiture of $278 for one month 14 days extra duty,14 days restriction and oral reprimand (CG)
040307 Fail to go at the time prescribed to her appointed place of duty, on 30 JAN 04; 14 days restriction, 14 days extra duty and oral reprimand (CG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 17
Current ENL Date: 030603 Current ENL Term: 4 Years ?????
Current ENL Service: 2 Yrs, 1Mos, 4Days ?????
Total Service: 2 Yrs, 1Mos, 4Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 42A10 Human Resources GT: 91 EDU: HS Letter Overseas: SWA Combat: Iraq (040311-050311)
Decorations/Awards: GWOTEM, GWOTSM, NDSM, ASR
V. Post-Discharge Activity
City, State: Dothan, AL
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 13 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor numerous Article 15s, with a general under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in her own behalf (copy not contained in the available record). The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 27 June 2005, 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 applicants military records, 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. 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: 081205 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
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080002710
______________________________________________________________________________
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