Applicant Name:  ?????

Application Receipt Date: 2008/05/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293.

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: 041115
Discharge Received: 			   Date: 050505   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKF   Unit/Location: HSC, 9th Psy Ops Bn (ABN), Fort Bragg, NC  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040806, without authority left her appointed place of duty (040729), disobeyed a lawful order from a SFC (040729), and treat with contempt a SFC (040729), reduction to E-1, forfeiture of $597 x 2 (suspended), extra duty for 45 days and restriction for 45 days (suspended), (FG).

040226, disobeyed a lawful command from a CPT (040205), and disrespect towards a CPT (040205), reduction to E-2, forfeiture of $300 (suspended), 14 days extra duty and 14 days restriction, (FG).  The applicant appealed the reduction and retention of the rank of PFC was granted.

040106, insurbordinate conduct towards a NCO (031217), 14 extra duty (Summarized). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030501    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 05Days ?????
Total Service:  		02 Yrs, 00Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 37F1P Psyop Spec   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Baltimore, MD
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for without authority, left her appointed place of duty, was disrespectful towards, and disobeyed a direct order from a NCO, for which she received a Field Grade Article 15 (040806), repeatedly shown disrespect toward your superiors and acted with total disregard for the rank structure as evidenced by five DA Form 4856 counseling statements from (031211-040729), which specifically address her acts of disrespect towards commissioned officers and NCOs, additionally, while attending the MOS 37F advanced individual training at Fort Bragg, NC, she received a Field Grade Article 15 (040223), for disobeying and disrespectful towards a commissioned officer, also received a Summarized Article 15 (040106), being insubordinate toward a NCO, 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 the defense counsel submitted a statement in her behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 18 April 2005, the separation authority reviewed the medical evaluation board proceedings and the separation action and determined that the evidence in this case warrants processing under the administrative separation proceedings.  The separation authority further waived  rehabilitatiions efforts and directed that the applicant be discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense with a characterization of service of general, under honorable conditions.  
       
             The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4," however, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 12c, AR 635-200, commission of a serious offense, which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "3."  Therefore, the analyst recommends that block 27 be administratively changed to "3" as approved by the separation approving authority.
       
       The applicant's record contains an approved Bar to Reenlistment dated 4 August 2004.

       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 during the period of enlistment under review, the issues and documents 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 analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant was discharged under the provisions of Chapter 14, Paragraph 12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct" and the separation code is "JKF."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Finally, the issues outlined in the four page brief does not fall within the purview of the Army Discharge Review Board.  These issues have been forwarded  to the Army Board for Correction of Military Records (ABCMR) for further review and consideration, utilizing the DD Form 149 submitted by the applicant which she provided with the initial request.  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.
       
             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."  The analyst recommends that block 27 be administratively changed to "3" as approved by the separation approving authority.  Except for the forgoing modification to the applicant's separation code (SPD), the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 

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 applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board voted to administratively change block 25, separation authority to "paragraph 14-12b," block 26, separation (SPD) code to "JKA," and  block 27, reentry eligibility (RE) code to "3."  Except for the forgoing modification to the applicant's reentry eligibility (RE) code, 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:  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. 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010930
______________________________________________________________________________


Page 1 of 3 pages