Applicant Name:  ?????

Application Receipt Date: 2009/06/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "I was under a lot of stress. I was getting a divorce and I had a small child to take care of which did not belong to my husband and I was very young. I changed units and I didn't receive any pay from the US Army for 6 months so I wrote a couple of bad checks for food for my daughter and myself then when the checks bounced it left me in the negative and I went to the bank to see why and I got scared and not thinking about it I said I didn't write them before I realized what I was doing it was to late then I admitted I did write the checks and why, I was far from home and scared. It was wrong.

I made a huge mistake and there is no excuse for my actions. I accepted my responsibility for my wrong doings at the time not realizing what an impact of what I was signing was going to have on my life and my conscience. I was scared and just wanted to go home. I have since then changed my life for the better. I am currently working as a CMM Programmer and I am attending school full time to be a Radiology Technician, I only have the one child. I have not been in any other trouble and I have not written any another bad checks.

 I would like to join the Navel Reserves as an Admin Clerk and I can't do so until I get this taken care.I would like a second chance, I am willing to prove myself to be a honorable person and continue to help serve my country as well as a provide a good life for my child.I have matured a lot since then and my decision making has greatly improved. I am a good person and I am willing to provide if requested written character witness from previous and current employers and fellow employees.  Please give me another chance. Thank you Carri Kessans."

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: 980330
Discharge Received: 			   Date: 980420   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 401st Military Police Company, 720th Military Police Battalion, 89th Military Police Brigade, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The unit commander's memorandum for recommendation indicates that the applicant received an Article 15, marked as enclosure 4, and was reduced to the grade of Private First Class (E-3); however, that document is not part of the available record.  Also, the memorandum shows that the applicant was again reduced in grade to a Private (E-2) at the time of separation. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 950117    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 3 Mos, 4 Days ?????
Total Service:  		3 Yrs, 3 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 95B10 Military Police   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: GCMDL, NDSM, ASR, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her issue that "I am currently working as a CMM Programmer and I am attending school full time to be a Radiology Technician , I only have the one child. I have not been in any other trouble and I have not written any another bad checks." 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct; in that she failed to pay just debt, disobeyed a lawful order by associating with a married man, and making worthless checks by dishonorably failing to maintain funds, 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.  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 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.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that 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 his 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 issues in regard to her family problems; being very young while in the military and wanting to join the Naval Reserves; however, the analyst determined that the applicant had many legitimate avenues while serving on active duty, through which she could have obtained assistance or relief, without committing the misconduct, which led to the separation action under review. 
       
       
       Further, the analyst found that the applicant met entrance qualification standards to include age.  The analyst found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.
       
       If the applicant desires to enlist in a branch of the services, she should contact the local recruiter to determine her eligibility to enlist.  Those individuals can best advise a former service member as to the needs of the different branches of services at the time, and are required to process waivers of reentry eligibility (RE) codes. 
       
       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: 26 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 AR20090010299
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