Applicant Name:  ?????

Application Receipt Date: 2009/12/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was a greatly respected and hard working soldier who loved the army and still does. The events of things in my career that led to my discharge were very unfortunate,a bit out of my control, and were not in the least bit, fair. I was never given a chance to be heard. The chain of command just looked at the basics of things that were said and never bothered to hear me out. They just jumped to conclusions about situations. I fought hard to stay in the military as I will fight hard to get this upgrade so I can further my career. All I need is for this board to hear in full details wut happened and to see and understand that the events leading to my discharge were very unfortunate. Also, to see that I was a truly great soldier who did not deserve to be put out of the Army. I am not perfect but I can not accept full responsibility of my discharge, considering, bad leadership played a big role in it. If I can tell my whole story as I tried to tell it in January of 2008, when the board makes their decision, then can I come to accept the terms of my discharge. I am not a bad person nor am I a disrespectful person. Anyone will tell you that I was a great tribute to the Army and that I enjoyed it. I made my mistakes and I faced my punishments. But I truly did not deserve to be discharged. I hope that when I present myself to this board, they will hear me and understand me".

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: 080115
Discharge Received: 			   Date: 080215   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHD, 82d BTB, Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061220, violating General Order Number 1, by wrongfully consuming alcohol (061202); reduction to E1, forfeiture of $637 pay per month for two months and extra duty for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): 080109, failed to report (071002), disrespect to a commissioned officer (070911), willfully disobeyed the lawful order of an NCO (070910), and disrespectful towards an NCO (071002); reduction to E1, forfeiture of $893 pay for one month and restriction for two months (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 040610    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 08Mos, 06Days ?????
Total Service:  		3 Yrs, 08Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 42A1P/Human Resources Spec   GT: 103   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060930-070401)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 November 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense in that she assaulted an NCO and for telling a doctor that she was going to kill the NCO (071024), failed to go at the time prescribed to her appointed place of duty x2 (070910 and 071002), behaved herself with disrespect toward a 2LT (070911), willfully disobeyed a lawful order from an NCO (070910), disrespect in body language towards an NCO (071002), and for receiving an Article 15 for violating General Order number 1, by wrongfully consuming alcohol while deployed (061220); with an under other than honorable conditions discharge.   Further, on 15 January 2008, after further review and taking into consideration the results of the Summary Court-Martial, the unit commander recommended that the applicant be eliminated with a characterization of service of general, under honorable conditions.
       She was advised of her rights.  On 16 January 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon her receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in 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 of the separation action with a general, under honorable conditions discharge.  
       On 25 January 2008, 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.    
       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 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 the former Soldier’s 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 applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense), with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)” and the separation code is "JKQ."  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 and separation code, entered in block 26 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. 
       Furthermore, 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 if appropriate.   
       Further, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       Therefore, the analyst determined 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: 20 April 2010         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted a packet with 10 pages.

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 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 AR20090020789
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