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ARMY | DRB | CY2008 | AR20080015112
Original file (AR20080015112.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/09/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: 040103
Discharge Received: 			   Date: 040210   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Company, 626th Forward Support Battalion, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: AWOL x 1, for 4 days (031231-040104). The mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 030602, Disobeyed a lawful command from a 2LT x 3, (030523); (030523); (030523); reduction to PFC; forfeiture of $336.00 pay (CG) 

Article 15; 030711, Disobeyed a lawful order from a SGT x 2, (030705); (030710); failed to go to his appointed place of duty (030705); disobeyed a lawful order from a SGT x 2, (030707); (030707); disobeyed a lawful order from a SFC (030707); and disrespectful in deportment toward a SGT (030707); reduction to E-1; forfeiture of $500.00 pay for two months (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 000324    Current ENL Term: 4 Years  An Administrative Waiver for enlistment was approved on (070829);
Current ENL Service: 	3 Yrs, 10 Mos, 12 Days ?????
Total Service:  		3 Yrs, 10 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W1L Health Care Specialist   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (020203-020723); Kuwait (030302-031122)
Decorations/Awards: NDSM, ASR, OSR (2)

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 January 2004, 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 she received a Company Grade Article 15 for disobeying a commissioned officer; a Field Grade Article 15 for disobeying three noncommissioned officers, disrespecting a noncommissioned officer, failing to report and AWOL from (031230-040105), 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.  On 3 February 2004, 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 all the applicant’s military records, 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 former Soldier’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.  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: 2 July 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 2    No change 3
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 AR20080015112
______________________________________________________________________________


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