Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was "discharged for patterns of misconduct. I was given a General under Honorable conditions. I am requesting my discharge to be changed because my patterns of misconduct were from being severly depressed. I spent 3 days in Balboa Hospital for severe depression. I didn't want anti-depressants because I didn't want to be happy because of medication. I have never suffered from depression and didn't know how to handle it. I was going through some time where I had suicidal thoughts, thoughts of self harm and very severe depression. I enjoyed my time in the Army but was having a hard time dealing with being away from family and friends. I wanted to finish out my contract but my depression made my unable to do my job. I was moved into another job, less stressful and that didn't help. I saw a Mental Health Care provider at least once a week. They agreed the best thing for me was to get out of the Army. As I mentioned, I really wanted to finish my contract. The acts of misconduct were because I was so depressed I didn't know how to handle it. I had been promoted twice while at my duty station so at one point I was doing well. The stress of the Army and the job took it's toll on my."  

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: 070312
Discharge Received: 			   Date: 070327   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Medical Company, USA Medical Department Activity, Fort Irwin, CA 92310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070624, Without authority, absent herself from her appointed place of duty from 0300 (070105) to 0800 (070106); and disrespectful in language toward a SFC (070105); reduction to Private (E-1); extra duty for 45 days (FG)

Article 15; 070216, Failed to go to her appointed place of duty x 4, (070129); (070201); (070205) and (070206); forfeiture of $303.00 pay; extra duty and restriction for 14 days (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050412    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 11 Mos, 16 Days ?????
Total Service:  		1 Yrs, 11 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68D10 Operating Room Specialist   GT: 100   EDU: 13 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWTSM, ASR

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 12 March 2007, 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 Field Grade Article 15 on (070125); for being absent without leave and disrespecting a SFC; failing to go to her appointed place of duty x 2, (070129); and (070213); violating her restriction and was disrespectful to a 1SG and the MPs on (070217); and received a Company Grade Article 15 on (070216) for failing to go to her appointed place of duty on four occasions, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived 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 13 March 2007, 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; and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the evidence of record shows that the applicant was treated by competent medical authority and was psychiatrically cleared for any action deemed appropriate by her command.  There is no evidence of record and the applicant has submitted no probative medical evidence that she had a medical problem which rendered her disqualified for further military service and that she was not able to perform her duties, with either medical limitation or medication.  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: 10 June 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 AR20080015309
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