Applicant Name:  ?????

Application Receipt Date: 2010/02/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "As a female that was in the military serves the NCO I was under [ redacted ] had use his grade and position to attain sexual pleasures. while under him as a E-4 and working in headquarters he had personel ties with higher ranking officers, leaving me afraid to tell and say any thing to the EO represenitives.  He had munipulated my mind as a soildier making me think he had my best interest at heart. once he left on a mission to Camp [ redacted ] I lashed out in a behavior unbecoming to a soldier.... which has caused me to get discharged for patterns of misconduct."

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: 040922
Discharge Received: 			   Date: 090515   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 18th Combat Sustainment Support Battalion, APO AE 09334 

Time Lost: Confinement/Military Authorities for a total of 23 days: (081211-090102) for 14 days; reason for lost time unknown (090401-090414).  Total time lost 37 days. 

Article 15s (Charges/Dates/Punishment): 081115, willfully disobeyed a lawful command from a CPT x 2 (081106), 081105); without authority, fail to go at the time prescribed to her appointed place of duty x 4 (081104), (081105), (081106), (081106); assault upon a noncommisssioned officer (SSG), (081029); disrespectful in language toward a noncommisssioned officer (SSG) (081029); disrespectful in language toward a noncommisssioned officer (SGT) (081106); willfully disobeyed a lawful order from a noncommisssioned officer (1SG) (081106); willfully disobeyed a lawful order from a noncommisssioned officer (SGT) (081103); reduction to E-1, forfeiture of $673 pay x 1 month (suspended), and extra duty for 45 days (FG). 

Courts-Martial (Charges/Dates/Punishment): 081210, SCM, without authority, fail to go at the time prescribed to her appointed place of duty x 2 (081125), (081129); willfully disobeyed a lawful command from a CPT (081126); willfully disobeyed a lawful order from a noncommisssioned officer (SSG) (081125); treat with contempt a  noncommisssioned officer (SGT) (081129); confinement for 28 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070816    Current ENL Term: 03 Years  2 Weeks
Current ENL Service: 	01 Yrs, 07Mos, 24Days ?????
Total Service:  		02 Yrs, 08Mos, 20Days ?????
Previous Discharges: 	USAR-060720-070815/NA

Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74D10 Chemical Operations Spec   GT: NIF   EDU: GED   Overseas: Germany/Southwest Asia   Combat: Iraq (080611-090428)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR, OSR



V.  Post-Discharge Activity
City, State:  Aberdeen, MD 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 April 2009, 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-pattern of misconduct for assaulting a noncommisssioned officer by grabbing his hand (091028); disrespectful in language toward a noncommisssioned officer x 3 (081029), (081106), (090310); willfully disobeying a lawful order from a noncommisssioned officer x 4 (081103), (081106), (081125), (090223); without authority, failing to go at the time prescribed to her appointed place of duty x 6 (081104), (081105), (081106), (081125), (081129), (090204); willfully disobeying a commissioned officer x 3 (081106), (081105); (081126); treat with contempt a noncommisssioned officer (081129); without authority, left her appointed place of duty (090307); and disrespectful in deportment toward a noncommisssioned officer (090316), with a general, under honorable conditions discharge.  She was advised of her rights.
         
       On 22 April 2009, 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.  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 April 2009, the separation authority waived further rehabilitative efforts and directed 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 during the period of enlistment under review, the issues and documents 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  
       
       By her 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 applicant contends that she was a victim of sexual harassment.  Although the applicant alleges that she was a victim of sexual harassment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support her request for an upgrade of her discharge.
       
       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: 17 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated (100209); two (2) E-mails, dated (090801), (090728).

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: None















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100008668
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