Applicant Name:  ?????

Application Receipt Date: 081118	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the Applicant.  The Applicant states,  "I feel as if the punishment issued to me was unjust. At the time my current supervisor I hade to report a number of times for unfair treatment I had to go as high as the SGM  and I request to get reassigned several times but my request fell apon def ears. I feel as if I was salvageable. I did not have a pattern of misconduct at all this one mistake was my first. Any NCOER's that were done and and I found to be incorrect I would challange and bring to the attention of my rater. I feel as if I was treated very unfairly and with the proper support I could have continued a successful caree with the military currently I'm looking to join the reserves"

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: 040914
Discharge Received: 			   Date: 041115   Chapter: 14-12B       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Army ROTC Bn, McDaniel College, 2 College Hill, Westminster, MD 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040818 wrongfully and lawfully make under lawful oath a false statement in substance on or about 9 June 2004; wrongfully appropriate a 2004 Ford Explorer, the property of the United States on or about 14 April 2004; violate a lawful general regulation, to wit: DoD Financial Management Regulation 7000.14R, Volume 9. Chapter 3, by wrongfully using your government credit card on or about 14 April 2004; with intent to defraud, falsely make the signature of a LTC on GSA Form 1152, which said form would, if genuine, apparently operate to the legal harm of another; reduction to E-4; forfeiture of half months pay for two months (suspended), (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 021130    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 11Mos, 15Days ?????
Total Service:  		5 Yrs, 3Mos, 5Days ?????
Previous Discharges: 	RA 990811-010905/HD
                                       RA 010906-041110/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 93   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Orlando, FL
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 January 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct for discreditable conduct for misappropriation of a government vehicle (040818), illegal use of government funds, intent to defraud the Government, misappropriation of a Government Telephone, misappropriation of government credit card and repeated failure to perform assigned task as directed, with a characterization of service of a general discharge, under honorable conditions. She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an Administrative Separation Board  and did submit a statement (not contained in the file)  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 3 November 2004, the separation authority approved the conditional waiver request, 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 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 the applicant’s military records, and the issue and documents 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 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Furthermore, the analyst 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.  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: 090902         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 AR20080017852
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