Applicant Name:  ?????

Application Receipt Date: 2009/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 080211
Discharge Received: 			   Date: 080312   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Home Detachment, 1-3rd Brigade Troops Battalion, 1st Brigade Combat Team, 3rd Infantry Division (Rear) (Provisional), Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070420, Disobeyed a lawful order by bringing a male Soldier into the female bay of bldg 1220 located on Camp Ramadi, Iraq on or about 070419; oral reprimand and 7 days of extra duty (Summarized).

Courts-Martial (Charges/Dates/Punishment): 080108, Summary Court-Martial-for violating Article 107 x 2, making false statements and violating Article 121 larceny; she was sentenced to confinement for twenty (20) days; to be reduced to Private (E-1); forfeiture of $867.00 pay per month for one month. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060627    Current ENL Term: 3 Years  19 Weeks
Current ENL Service: 	1 Yrs, 8 Mos, 16 Days ?????
Total Service:  		1 Yrs, 8 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070115-071021)
Decorations/Awards: NDSM, GWOTSM, ICMDL, ASR, OSR

V.  Post-Discharge Activity
City, State:  I
Post Service Accomplishments: The applicant stated in her issue that she is now enrolled in a college and has not been in any trouble since her discharge from the Army.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she did on or about 070623 stole a government laptop of a value of more than $500.00, made false official statements to her commanding officer on 070503; and to a Naval Criminal Investigative Service agent, which were false on 070511, with an under other than honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of her case by an administrative separation board as part of an offer to plead guilty agreement and was voluntarily made by her on advice of her assigned defense counsel on 6 December 2007. 
       
       The applicant 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 an under other than honorable conditions discharge.  
       
       On 28 February 2008, the separation authority approved the unconditional waiver, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
       The record contains a CID Report of Investigation dated 11 October 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, 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 applicant'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 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.  
       
       The analyst noted the applicant's issue regarding her struggle to get health care and finding a job; however, after considering the applicant’s quality of service during the initial portion of the enlistment under review, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  
       
       Further, the applicant's is to be commended for her efforts (i.e., enrolled in college and has stayed out of trouble since her discharge).  However, these accomplishments do not provide the Board a basis upon which to grant relief.  
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       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: 19 March 2010         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010205
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