Applicant Name: ?????
Application Receipt Date: 2008/05/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states. in effect, that she would like to re-enlist under honorable conditions.
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: 010619
Discharge Received: Date: 010711 Chapter: 14-12b AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: C Company, 832nd Ordnance Battalion, Redstone Arsenal, AL 35897
Time Lost: None
Article 15s (Charges/Dates/Punishment): 010516, Willfully disobeyed a lawful order from a SSG (010411); failed to obey a lawful order issued by a CPT x 2, (010410); (010410); forfeiture of $243.00 pay; extra duty and restriction for 14 days (CG)
010228; Willfully disobeyed a lawful order from a SSG (010121); failed to obey a lawful order issued by a CPT x 3, (010119); (010119); (010119); forfeiture of $243.00 pay; extra duty and restriction for 14 days (CG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 000828 Current ENL Term: 3 Years ?????
Current ENL Service: 0 Yrs, 10 Mos, 14 Days ?????
Total Service: 0 Yrs, 10 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: 55B10 Ammunition Specialist GT: 100 EDU: GED Certif Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 8 June 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct, in that she received two Article 15s in violation of Articles 91 x 2 and 92 x 5; also, she received several counseling statements for violating policy letters and disobeying lawful orders, 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 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 June 2001, 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 the entire applicants military records, and the issue submitted with the application, 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 the applicant's service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If the applicant desires to reenlist, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. In view of the foregoing, 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: 25 February 2009 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 AR20080007857
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2010 | AR20100016504
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge and the narrative reason for separation.
ARMY | DRB | CY2009 | AR20090021831
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 1 October 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he has numerous failure to repair, disobeying orders and disrespect to a noncommissioned officer, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue...
ARMY | DRB | CY2009 | AR20090007673
Applicant Name: ????? On 1 May 2002, 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. 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...
ARMY | DRB | CY2008 | AR20080016111
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 28 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Company Grade Article 15 for disobeying a lawful order from a NCO, dereliction of duty, loitering and wrongfully sitting down on her guard post, disobeying a lawful command from a CPT,...
ARMY | DRB | CY2008 | AR20080007520
The Ad Hoc Review Board met; and on 3 May 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, accepted the applicant's resignation and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the term of service under review and the issues he...
ARMY | DRB | CY2008 | AR20080010589
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. 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...
ARMY | DRB | CY2009 | AR20090002246
On 3 October 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. Furthermore, the analyst noted the applicant's issue; although the applicant alleges that she was a victim of sexual harrassment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Board...
ARMY | DRB | CY2008 | AR20080019844
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade...
ARMY | DRB | CY2010 | AR20100008668
Facts and Circumstances: The evidence of record shows that on 22 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-pattern of misconduct for assaulting a noncommisssioned officer by grabbing his hand (091028); disrespectful in language toward a noncommisssioned officer x 3 (081029), (081106), (090310); willfully disobeying a lawful order from a noncommisssioned...
ARMY | DRB | CY2008 | AR20080010930
Applicant Name: ????? Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "4." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: change block 25, separation authority to "paragraph 14-12b" and block 26, separation (SPD) code to "JKA" under the provisions of Chapter 14, AR 635-200.