Applicant Name: ?????
Application Receipt Date: 2008/05/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states, "I believe it would be easier for me to obtain reasonable employment with an Honorable discharge. Also upon my discharge I was told I could use my GI Bill for school. I can not use my GI Bill without having an honorable discharge".
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: 050901
Discharge Received: Date: 051012 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 407th MI Co, Schofield Barracks, HI
Time Lost: None
Article 15s (Charges/Dates/Punishment): (Date illegible), on or about (040622, 040430, 040501 & 040502) fail to go at the prescribed time to your appointed place X4, and on (040411) disrespectful in deportment towards a noncommissioned officer, (punishment illegible) (Summ).
041018, on or about (040926) while posted as Morse Operator in the tunnel for observation, was sleeping upon your post, failed to go to your appointed place of duty, failed to obey a lawful order of a NCO and behave yourself with disrespect towards a commissioned officer by rolling your eyes and walking away; (soldier demanded trial by court martial) (CG).
050517, on or about (050418, 050422 & 050427) failed to go at the time prescribed to appointed place of duty X3; and on (050502) derelict in the performance of duty in that you willfully failed to complete and turn in a 3,000 word writing essay as part of corrective training; reduced to E2; forfeiture of $323 and extra duty for 14 days (CG).
050809, on or about (050812, 050813, 050818, 050819 & 050820) failed to go at the time prescribed X5; on (1200 hrs-050622 through 2230 hrs-050623) AWOL; on (050620) failed to obey the orders of a commissioned officer by wrongfully leaving the installation without authorization and instructed to move into the barracks and sign in with the Staff Duty NCO on the hour from 1800-2300; reduction to E1, forfeiture of $617 pay per month for two months, suspended to be remitted if not vacated before 060206, extra duty for 45 days with 31 days suspended to be remitted if not vacated before 060209 and restricted for 45 days (FG).
050912, vacation of suspension of punishment of $617 pay per month for two months and 31 days extra duty, for being charged on (050911) with assault and was also caught operating a vehicle without a license. She also broke restriction by leaving the area, a punishment which was imposed by the Article 15 received on 050809.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 020820 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 01Mos, 23Days ?????
Total Service: 3 Yrs, 01Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 98G10 Cryptologic Linguist GT: 104 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, ASR, OSR, GWOTSM
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None submitted
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 1 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct for refusing to conduct herself in accordance with good order and discipline as a member of the US Army. She refused on various occasions to report on time to her appointed place of duty and on other occassions have refused outright to report for duty. She also displaced a total lack of regard for military order, customs and courtesies. These acts are reflected in the counseling statements documenting her unsatisfactory duty performance, various punishments under Article 15, UCMJ, involving disobeying orders and refusing to come to her appointed place of duty on time 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, submitted 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 15 September 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 of this regulation 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 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 former soldiers 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 11 March 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008142
______________________________________________________________________________
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