Applicant Name:  ?????

Application Receipt Date: 2009/06/29	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: 080930
Discharge Received: 			   Date: 090114   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 2-356th Regt (LS), Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080905, willfully disobey a lawful order from a COL, by exceeding the 100 mile radius without a DA Form 31 (080628), and made a false official statement to a 1LT (080207); reduction to E-5, extra duty for 45 days, and restriction for 45 days (FG). 

070822, willfully disobey a lawful order from a SFC (070726); an oral reprimand, and extra duty for 14 days (Summarized). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 051026    Current ENL Term: NIF Years  the evidence of record is void of documentation to substantiate the current enlistment date.
Current ENL Service: 	03 Yrs, 02Mos, 19Days ?????
Total Service:  		13 Yrs, 05Mos, 11Days ?????
Previous Discharges: 	USAR-950731-960122/NA
                                       RA-960123-990301/HD
                                       USARCG-990302-050214/NA
                                        USAR-050215-050322/NA
                                        AD-050323-050421/NA
                                        USAR-050422-051025/NA
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 68W10 Health Care Spec/88M10 Motor Transport Operator   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, ARCAM, NDSM, GWOTSM, AFRM, ASR

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO 
Post Service Accomplishments: None Listed




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 September 2008, 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 misconduct-pattern of misconduct for  substandard work performance, making a false official  statement (080207), failure to obey a lawful written order (080628), and failure to obey a lawful order (070726), with an under other than honorable conditions discharge.  She was advised of her rights.  
       
       On 2 October 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of 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 senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       On 3 November 2008, the applicant was notified to appear before an administrative separation board and advised of her rights.  On 7 November 2008, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in her own behalf.  
       
       On 12 November 2008, the separation authority disapproved the applicant's conditional waiver and referred the case to the administrative separation board.  On 24 November 2008, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged from the Army with a characterization of service of an under other than honorable conditions.  
       
       On 8 January 2009, the separation authority approved the findings and recommendation of the administrative separation board waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."  
       

       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 issues and documents she submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       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 evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  
       
       While the applicant’s misconduct is not condoned, the analyst found that the overall length and quality of the applicant’s service, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SGT/E-5.  
       
       The analyst noted the applicant’s issue requesting a narrative reason change to medical.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Pattern of Misconduct)", the separation code is "JKA", 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, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  By her misconduct the applicant diminished the quality of her service below that meriting a fully honorable discharge.  
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "4."  The analyst recommends that block 27 be administratively corrected to "3."  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 February 2010         Location: Dallas, TX

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, hearing his testimony  and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result, it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E-5.

Also, the Board directs ARBA Support Division- St. Louis to administratively correct block 27, reentry eligibility (RE) code to "3."






       
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: The Board directs ARBA Support Division- St. Louis to administratively correct block 27, reentry eligibility (RE) code to "3."										
RE Code: 
Grade Restoration:   No   Yes   Grade: SGT/E-5
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011819
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