Applicant Name:  l

Application Receipt Date: 2009/5/20	Prior Review:     Prior Review Date: 040610, Honorable/ 5-0     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and supporting documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 010126
Discharge Received: 			   Date: 010513   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 123d SC BN, Ft Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990825, derelict in the performance of duty (990604), disrespect in deportment and language toward an NCO; reduction to E3, suspended, to be automatically remitted if not vacated before 991117, extra duty for 7 days and restriction to Ft Stewart (FG).

991020, vacation of suspension for driving on post while driving privleges were suspended on post (001004), reduction to E3.

001010, operating a vehicle over the maximum speed limit  and wrongfully operated a vehicle at the time while driving privileges were suspended (000604); reduction to E2, suspended, to be automatically remitted if not vacated before 010108 (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 980514    Current ENL Term: 3 Years  ?????
Current ENL Service: 	3 Yrs, 00Mos, 00Days ?????
Total Service:  		4 Yrs, 00Mos, 03Days ?????
Previous Discharges: 	RA 900313-910314/HD
                                       USAR 910315-980513/NA
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 54B10 Chemical Ops Sp   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Gaithersburg, MD
Post Service Accomplishments: The applicant enlisted in the USAR on 980514 for 3 years.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 January 2001, 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 pattern of misconduct for wrongful attempt to obtain prescription medication under false pretenses, dereliction of duty, disrespect to an NCO, indebtness, driving on a suspended license, failure to obey a lawful order and numerous incidences of failure to go to appointed place of duty at the prescribed time, with an under other than other honorable conditions discharge.  She was advised of her rights.  
       On 24 January 2001, the applicant consulted with legal counsel and requested consideration of her case by an administrative separation board.  The applicant did not submit a statement on her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  
       On 5 March 2001, the applicant was notified to appear before an administrative separation board and advised of her rights.  On 6 April 2001, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  
       On 22 May 2001, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       On 10 June 2004, the ADRB determined that the characterization of service was improper  and voted to grant relief to Honorable. 

       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 and documents submitted with the application, the analyst determined that the narrative reason for separation is improper.  
       The evidence of record supports that she was discharged on the expiration term of service date (ETS).  The analyst found that the applicant served her entire enlistment and command had the option to allow her to be separated by reason of ETS.  In view of the foregoing, the analyst recommends to change the narrative reason for separation to Completion of Required Active Service under the provisions of AR 635-200, chapter 4, SPD code of KBK with a reentry eligibility (RE) code to “1.”
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A Certificate of Appreciation from 2/349th Inf, Ft Stewart, GA.

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 narrative reason for separation was and is improper.  The evidence of record supports that she was discharged on the expiration term of service date (ETS).  The Board found that the applicant served her entire enlistment and command had the option to allow her to be separated by reason of ETS.  In view of the foregoing, the Board voted to change the narrative reason for separation to Completion of Required Active Service under the provisions of AR 635-200, Chapter 4, SPD code of KBK with a reentry eligibility (RE) code to “1.”
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Completion of Required Active Service
Other: Change SPD Code to KBK and Separation Authority to AR 635-200, Chapter 4										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008785
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