Applicant Name:  ?????

Application Receipt Date: 2008/10/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that she should have received a medical discharge because she was hospitalized one month before discharge.

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: 071116
Discharge Received: 			   Date: 080221   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Delta Forward Support Company, 4th Sqdn, 9th Cavalry Regiment, 2nd BCT, Multi-National Division-Baghdad, FOB Prosperity, Iraq APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070611, at or near FOB Prosperity, Iraq the applicant had the following incidents: willfully disobeyed orders from  noncommissioned officers on five separate occasions (070605); was disrespectful in language and deportment, on three separate occasions, towards noncommissioned officers who were in the execution of their duties (070605); wrongfully used provoking words towards a fellow Soldier (070605); wrongfully communicate a threat to a fellow Soldier (070605); reduction to the grade of Private (E-2), forfeiture of $363.00 pay, extra duty for 14 days, restriction to the limits of the Company area, place of duty, dining and medical facilities, and place of worship for 14 days, oral reprimand (FG).

070828, at or near FOB Prosperity, Iraq the applicant had the following incidents: without authority, on three separate occasions, failed to go at the time prescribed to her appointed place of duty (070813); forfeiture of $363.00 pay, suspended, to be automatically remitted if not vacated before 19 February 2008, extra duty for 14 days, restriction to the limits of the Squadron area, place of duty, dining and medical facilities, and place of worship for 14 days, oral reprimand (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: 051116    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 02Mos, 10Days ?????
Total Service:  		2 Yrs, 02Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 90   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (061015-071115)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR

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 15 November 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—for on multiple occasions the applicant failed to be at her appointed place of duty and disrespected members of her chain of command; she also threatened a fellow Soldier, with a general, under honorable conditions discharge.  She was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 12 December 2007, the separation authority 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 of this regulation 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 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.  Before initiating action to separate her from the Army, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  Furthermore, the analyst determined that Army Regulation 635-200 provides that commanders will not take action to separate Soldiers for personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  In review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong.  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: 31 July 2009         Location: Washington, D.C.

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015731
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