Applicant Name:  ?????

Application Receipt Date: 2010/01/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: 090420
Discharge Received: 			   Date: 090513   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Medical Co, USAMC, Ft Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080804, on diverse occasions violated a lawful order by wrongfully having an intimate or sexual relationship with a MAJOR (060101-080601), wrongfully communicated a threat to injure a SPC by doing bodily harm (080502), wrongfully communicated a threat to a SPC, NCO and two officers (080502), failed to go at the time prescribed  (080611), disobeyed a lawful order from an NCO x2 (080616); reduction to E3, forfeiture of $417, suspended, to be automatically remitted if not vacated before 090130, extra duty for 14 days and attend anger management class (CG).

080908, vacation of suspension, disrespectful in deportment towards an NCO (080804), forfeiture of $417 (CG).

090311, with the intent to deceive made a false official statement to an NCO (090212), failed to go at the time prescribed (090220), derelict in the performance of her duties (090301); reduction to E2, forfeiture of $366 pay per month for one month, suspended, to be automatically remitted if not vacated before 090429, extra duty for 14 days and command referred to ACS Financial (CG).

090327, vacation of suspension, failed to go at the time prescribed (090323), forfeiture of $366 (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 060305    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 02Mos, 12Days ?????
Total Service:  		5 Yrs, 10Mos, 13Days ?????
Previous Discharges: 	RA 030701-060304/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63J10 Medical Logistics Spec   GT: 102   EDU: 2 yrs College   Overseas: Korea   Combat: None
Decorations/Awards: AAM x2, AGCM, NDSM, GWOTSM, KDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Gaffney, SC
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 20 April 2009, 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 receiving an Article 15 on 090311, having received three counseling statements regarding action that violated the UCMJ, late to PT formation and failure to be at her appointed place of duty (090323), lied to a commissioned officer by making a false statement (090324), failure to show up for a command referred appointment and failure to obey an order (090324), vacation of suspension (090327), receiving two Company Grade Articles 15 (080804 and 080908), a vacation of suspension (090327) and a reprimand, with a general, under honorable conditions discharge.  
       She was advised of her rights.  On 28 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action 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.  
       The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       The applicant's record contains a Letter of Reprimand for fraternization dated 3 April 2009.

       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 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 analyst noted the applicant's issues; however, the analyst 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.  
       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.  
       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.   
       The applicant submitted numerous documents in support of the personal appearance hearing.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 April 2010         Location: Atlanta, GA

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100006987
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