Applicant Name: ?????

Application Receipt Date: 080530	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the Applicant

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 070730
Discharge Received:     Date: 070913   
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HHC, Mobilization and Deployment BDE, Ft Bliss, TX 

Time Lost: AWOLx3, (070226-070314;070403-070516;070522-070711), total of 109 days

Article 15s (Charges/Dates/Punishment): NA

Court-Martials (Charges/Dates/Punishment): 12JUL07; AWOL, 26FEB07-15MAR07; Summary Court-Martial confined for 30 days and reduced to E-1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  65/06  
HOR City, State: Mulberry, FL
Current ENL Date: 050819    Current ENL Term: 6 Years  ?????
Current ENL Service: 2 Yrs, 00Mos, 24Days ?????
Total Service:  16 Yrs, 07Mos, 20Days ?????
Previous Discharges: RA 831110-861107/HD
                                      ARNG 9011001-920412/HD
                                    ARNG 920413-920412/HD
                                    RA 961001-000923/HD 
                                    RA 050403-060120/HD 
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Trans   GT: 91   EDU: HS Grad   Overseas: Kuwait 050416-051216   Combat: Kuwait 050416-051216
Decorations/Awards: ARCOM-2, AAM, AGCM-2, NDSM, GWOTEM, GWOTSM, ASR, OSR, AFRM-2

V.  Post-Discharge Activity
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 18 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 misconduct—for AWOL on two separate occasions, with a 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, and did 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 an other than honorable conditions discharge. The applicant unconditionally waived her right to an Administrative Separation Board as part of her Special Court Martial plea agreement.  On 27 August 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 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 record does not support the applicant’s contention that she suffers from Post Traumatic Stress symptoms’ and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical condition. 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: 080801              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 4    No change 1   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh based on the applicant’s length and quality of her service to include her combat service and the circumstances surrounding her misconduct and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it. 





















 


								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 080801
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008801
______________________________________________________________________


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