Applicant Name:  ?????

Application Receipt Date: 2008/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she enlisted with the US ARMY. She is an upstanding citizen of her country. She served in community service on a volunteer basis from a young age in her community. She has yet to appear before a judge or even spend a night in central bookings. For the most part she always maintained full time employment and a full time college schedule. She joined the military in 2006 in an attempt to increase her efforts. Although she knew of the war going on when she joined, and there was no way she would have been able to predict that it would have the affect on her that it did; being in the heart of SADR city spearheading the surge. The impact took her over and drove her out of her element. Prior to this experience, she has never been known to be disrespectful or insubordinate by the leadership of her previous unit or anyone who knows her personally. She is requesting an upgrade of her discharge as a means of being able to do more. She is extremely interested in earning her degree in Early Childhood Education. She finds that a general discharge does not allow her to receive the assistance she needs. Her intentions are to continue to contribute to the efforts of her country in anyway possible from the rear. Please help her to succeed. Thank you for your time and consideration.

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: 080502
Discharge Received: 			   Date: 080529   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: F Company, 407th Brigade Support Battalion, 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC 28310. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080109, Failed to go to her appointed place of duty x 2 (071119); (071211); disrespectful toward a CPT (071211); disobeyed a lawful order from a SSG (071119); disobeyed a lawful order from a SSG between (071203-071211); disrespectful in language and deportment toward a SSG (071211); reduction to Private (E-1); forfeiture of $700.00 pay per month for 2 months; extra duty for 45 days (FG) 

Article 15, 070412, Failed to go to her appointed place of duty x 2, (070228);(070301); disrespectful in deportment toward a SSG (070204); disrespectful in language toward a SGT (070212); failed to obey a lawful order issued by a 1SG (070210); reduction to Private (E-2); forfeiture of $363.00 pay per month for one month, and extra duty for 14 days (CG)  

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 060203    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 3 Mos, 27 Days ?????
Total Service:  		2 Yrs, 3 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support System Spec   GT: 114   EDU: GED Certif   Overseas: Southwest Asia   Combat: Iraq (070104-080319)
Decorations/Awards: NDSM, GWTSM, ASR, CAB

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 1 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she was disrespectful toward a CPT (071211); disobeyed a lawful order from a SSG (071211); disrespectful toward a SSG (071211); failed to report x 2 (071211); (071119); disobeyed a lawful order from a SSG (071119); failed to report x 2 (070301); (070228); disrespectful to a SSG (070211); disobeyed a lawful order from a 1SG (070210); disrespectful to a SSG (070204), 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 8 May 2008, 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 applicant’s 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 applicant’s 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 applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issue; however, 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.  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: 18 March 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 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 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 AR20080010589
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