Applicant Name:  ??

Application Receipt Date: 2009/02/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My discharge should be changed because I loved serving my country, and at times I wish I could still be serving now.  I was a younger woman when I served and unlike many in my unit, I wasn't asked to leave the army, I asked to leave.  It wasn't quite as simple as that of course, I basically had to let my chain of command know that I would have gone to any length for them to let me go.  They understood that and eventually gave me a discharge.  Many of the people in my chain of command did not want to see me go, however, the way that company level chain of command were running that company did not fit with me.  I believe that during my year or so there over 10 people got kicked out of that company alone and after I left I heard that the captain that was incharge, when I was in, was relieved of his command because of how bad our company was.  So therefore while i understand now that I should have been more mature and stuck it out back when it was happening I didn't see an end so I choose to get out.  Since I have been out of the army I earned a bachelor's degree from CSUSM and the reason I need my discharge changed is so that I can get my masters with my GI bill.  After I accomplish this I would like to rejoin the army as a more mature person with more to skills to offer".

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: 030122
Discharge Received: 			   Date: 030224   Chapter: 14-12B    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 327th Sig BN, Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020815, fail to go to time prescribed X4  (020601, 020620, 020725 & 020726), without authority go from her appointed place of duty on (020725), derelict in the performance of her duties on (020601); reduction to E2, forfeiture of $289, both suspended to be automatically remitted if not sooner vacated before 021112; and extra duty for 14 days (CG).
 
020912, vacation of suspension based on wrongfully consume alcohol under the legal age on (020904); reduction to E2 and forfeiture of $289 pay.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010125    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 01Mos, 00Days ?????
Total Service:  		2 Yrs, 01Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 31U/Signal Support Systems Spec   GT: 111   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR



V.  Post-Discharge Activity
City, State:  Oceanside, CA
Post Service Accomplishments: The applicant states that she has earned a bachelor's degree since she has departed the Army but provides no documentation.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 January 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, for pattern of misconduct in that on 020815 she received a company grade Article 15 for four instances of failing to go to her place of duty, one instance of leaving her place without authority and one instance of dereliction of duty, and on 020913 the suspended reduction and forfeiture from the Article 15 were vacated due to an incident of underage drinking, 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 did not submit 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 27 January 2003, 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 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 all the applicant’s military records, and the issue 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.  Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Further, 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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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: 13 November 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003598
______________________________________________________________________________


Page 1 of 3 pages