Applicant Name:  ?????

Application Receipt Date: 2008/12/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states"I would like my discharge packet reviewed.  I feel that my unit discharged me for other reasons other than my conduct.  I was a great Soldier and because of my health issues and my family care plan I was discharged for silly reasons.  I was going through a hardship that caused me to get counseling statements from the rear detachment unit that I was left in when my unit was deployed.  I had surgery which I am currently receiving disability for which caused me not to deploy with my unit at the time.  I was having family care plan issues which caused me to have problems which ultimately resulted in my discharge but was characterized as something else.  I was complaining about my chain of command but wasn't afforded the opportunity to get help.  I never was given the proper opportunity to seek legal counsel.  There was so many issues with my discharge.  The unit tried to discharge me for fraudulent entry because of my child care issues and was unsuccessful in that attempt so they gave me 2 months worth of harrassing counseling statements which led to a chapter packet, but because I had never been in trouble they had to give me and Field Grade Article 15 before I could be discharged with misconduct on my child care issues.  I will get further into the situation if my request is granted.  Please review my discharged packet thoroughly.  Since my discharge, I have been in the National Guard and back on Active Duty and has served honorably in both."

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: 040209
Discharge Received: 			   Date: 040302   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 101st FSB, Fort Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031215, failure to report x 14, (030602), (030904), (030930), (031017), (031027), 031112), (031120), (031120), (031121), (031121), (031122), (031124-031126); reckless driving (0311); disrespectful in language and deportment towards a CPL; disobeyed a lawful order from a SGT (031015); and disobeyed a lawful order from a SSG (0312), reduction to E-1; forfeiture of $575 x 2, restriction for 45 days (both suspended), and extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 021105    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 03Mos, 28Days ?????
Total Service:  		01 Yrs, 03Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Spec   GT: 107   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR




V.  Post-Discharge Activity
City, State:  Lithonia, GA
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Kansas for 06 Yrs, 08 Mos, 02 Days  (060214), transferred to the  Army National Guard State of Georgia and received a Honorable discharge (070829).  Subsequently, the applicant enlisted in the Active Army (070830) for 04 Yrs, 02 weeks and was honorably discharged (080807).     

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 9 February 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—pattern of misconduct for receiving a Field Grade Article 15 (031215), for fourteen specifications of failure to repair, reckless driving, disrespect towards a NCO, willful disobedience of a NCO X 2, failed to report for extra duty for two consecutive days, failed to repair on three additional occasions, made a false statement, and failed to obey orders from NCOs, 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 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 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 during the period of enlistment under review, the issue 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 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.  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: 22 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: No 

Exhibits Submitted: No

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080020104
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