Applicant Name:  ?????

Application Receipt Date: 2009/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was discharged under patterns of misconduct.  My misconduct was provoked due to a Senior NCOs Sexual harrassment that was physical at times.  I opened a sexual harrassment case against the MSG and he was found guilty.  The verdict came after I had already been discharged.  I feel as though when my discharge was taking place the sexual harrassment was not considered.  Since the case was in my favor I feel I should be given the opportunity to get back what was taken from be due to this man's actions.  I just want to re-enlist into the military but I can not unless I have a DD214 with a usable RE Code.  I am requesting this change because when I was in the Army I was a great Soldier if these incidents never occured I would still be working towards my career.  Thank you so much for your time."

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: 070919
Discharge Received: 			   Date: 071103   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 501st Special Troops Bn, APO AP 96260 

Time Lost: The applicant has a period of AWOL beginning (070802), however, the ending date is not in the file and it is not annotated in block 29 on the DD Form 214, dates of time lost during this period.  

Article 15s (Charges/Dates/Punishment): 070724, without authority, left her place of duty (070517), failure to report (070330), disobeyed a lawful command from a CPT (070517), and disobeyed a lawful order from a CPT (070406); reduction to E-1, forfeiture of $650 pay x 2 months, 45 days extra duty and 45 days restriction (FG), see applicant's Article 15 appeal memorandum dated 25 July 2007. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 070220    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 06Days ?????
Total Service:  		05 Yrs, 03Mos, 03Days ?????
Previous Discharges: 	USAR-020723-041005/NA
                                       AD-041006-051116/HD
                                       USAR-051117-070219/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistics Spec   GT: 96   EDU: HS Grad   Overseas: Korea/Southwest Asia   Combat: Iraq (041127-050718 Prior Service)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, KDSM, AFRM-W/"M" DEV, ASR (All Prior Service)

V.  Post-Discharge Activity
City, State:  Staten Island, NY
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct—pattern of misconduct for disrespecting s NCO, disobeyed orders from NCOs in the unit, disobeyed orders from the unit commander and AWOL as she failed to report to her appointed place of duty, 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 3 October 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. 
       
       The applicant's record contains a CID Report of Investigation dated 31 August 2007. 

       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 issues and the document 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; although the applicant alleges that she was a victim of sexual harrassment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support her request for an upgrade of her discharge.  Further, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service.  Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, she should contact the local recruiter to determine her 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service, to include the reentry elgibility (RE) code 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: 5 October 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002246
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