Applicant Name:  ?????

Application Receipt Date: 2009/01/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 050211
Discharge Received: 			   Date: 050325   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 554th MP Co, APO AE 09107 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040827, willfully and wrongfully destroy by breaking a CD/Stereo stand, of a value less than $500, the property of Mrs. J (040324), willfully and wrongfully destroy by breaking a chair, of a value less than $500, the property of Mrs. J (040324), willfully and wrongfullydamage by bending a beer stein lid, of a value less than $500, the amount of said damage being in the sum of less than $500, the property of Mrs. J (040324), assault upon another Soldier (040324), and drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces; reduction to E-1, forfeiture of $500 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days (FG).

030715, wrongfully have sexual intercourse with a man not her husband (030609); reduction to E-2 (suspended), forfeiture of $316 pay (suspended), extra duty for 14 days 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:  18
Current ENL Date: 010719    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 07Days ?????
Total Service:  		03 Yrs, 08Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 103   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Long Beach, CA
Post Service Accomplishments: The applicant entered a residential treatment program on 24 December 2008, for phase 1 and 2 with an anticipated completion date of 23 February 2009.




 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 February 2005, 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 receiving a Field Grade Article 15 for destroying property other than military x 3, assault on a fellow Soldier, and drunk and disorderly (040827); and a Company Grade Article 15 for adultery (030715); with an general, under honorable conditions discharge.  He was advised of his 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 contingent upon her receiving a characterization of service no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  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 Military Police Report dated 24 March 2004, with additional offenses, subjects, victims, persons, and property related to the report.

       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, 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 during the period of enlistment under review, and the issues and document he 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions 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 issues; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder (PTSD) and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Finally, although the applicant alleges that she was a victim of sexual assaults 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.  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: 21 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 AR20090003015
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