Applicant Name:  ?????

Application Receipt Date: 2009/01/20	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: 080524
Discharge Received: 			   Date: 081008   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 307th, APO AE 09331  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080511, willfully and unlawfully alter a public record, to wit:  AAA -095 Flag Report (080404), made a false official statement to a 1LT (080501), reduction to E-5 (suspended), forfeiture of $1,361 x 2 (FG).

080709, suspension of punishment of reduction to SGT/E-5, was vacated for the new offense of forgery of a SGT's signature on DA Form 5960 (080317). 

050915, behave with disrespect in deportment towards a 2LT x 2 (050901), (050901), forge the signature of a CPT (050813),  and with intent to deceive, sign an official record , to wit, DA Form 3355, which record was false in that the commander's signature was forged (050813), reduction to E-5, forfeiture of $1,225 x 2 (suspended), (FG).

Courts-Martial (Charges/Dates/Punishment): 070914, SCM, 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  36
Current ENL Date: 040806    Current ENL Term: Indef Years  ?????
Current ENL Service: 	04 Yrs, 02Mos, 03Days ?????
Total Service:  		17 Yrs, 06Mos, 17Days ?????
Previous Discharges: 	USAR-910320-910401/NA
                                       ADT-910402-910810/UNC
                                       USAR-910811-911003/NA
                                       RA-911004-920210/HD
                                       RA-920211-960702/HD
                                       RA-960703-980902/HD
                                       RA-980903-001228/HD
                                       RA-001229-040805/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 42A2P Human Resources Spec   GT: 112   EDU: AA (Business Admin)   Overseas: Germany/Korea/Southwest Asia   Combat: Iraq (030910-040306) and (070530-080715)/Afghanistan (050517-060405)
Decorations/Awards: ARCOM-5, AAM, AGCM-5, NDSM-2, ACM, ICM, GWOTEM, GWOTSM, NCOPDR-2, ASR, OSR-2, CAB



V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for being disrespectful in deportment and language towards a commissioned officer (050901), wrongfully forged the commander's signature to a DA Form 3355 (050813), she disrespected and disobeyed a 1SG (070907), alter the unit Flag Report and lied to a 1LT x 2 (080404), (080404), 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, requested  consideration her case by an administrative separation board, 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 with a general, under honorable conditions discharge.  The documentation notifying the applicant to appear before an administrative separation board and advising her of her rights is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 20 June 2008, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a characterization of service of honorable.  On 27 June 2008, the senior intermediate commander recommended approval of the findings and recommendation of the administrative separation board.  On 5 July 2008, the separation authority approved the findings and recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of fully honorable.
       
       The applicant's record contains an approve Bar to Reenlistment dated 26 May 2008.

       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, the issue and documents she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.   The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," the separation code is "JKQ", and the reentry code is "RE 3."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Further, even though the applicant claims that her offense was isolated, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 August 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

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 narrative reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
Reason -     Change 2    No change 3
(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 AR20090003182
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