Applicant Name:  ?????

Application Receipt Date: 2010/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable.  She contends there was no record nor had she been in any trouble and should have received an honorable discharge, and it was not fair for her to receive a general, under honorable conditions discharge.  She further contends she had potential government job offers, but was denied employment due to the discharge she received.    

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: 091006
Discharge Received: 			   Date: 091112   Chapter: 6      AR: 635-200
Reason: Hardship	   RE:     SPD: MDB   Unit/Location: A Co, Spec Trps Bn, APO AE 09096  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 080325    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 18Days ?????
Total Service:  		01 Yrs, 07Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec   GT: 98   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Conyers, GA 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 6 October 2009, the applicant requested discharge under the provisions of Chapter 6, paragraph 6-3a, AR 635-200, by reason of hardship/dependency of family member.  The unit commander recommended approval of the applicant's request for discharge.  On 6 October 2009, the unit commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge for being absent without leave (090809-090814).  
       
       On 8 October 2009, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 26 October 2009, the separation authority 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 provides the basic authority for the separation of enlisted personnel.  Paragraph 6-3b provides for the separation of Soldiers because of genuine hardship.  Genuine hardship, for the purpose of separation under this paragraph, is defined as circumstances not involving death or disability for a member of the Soldier’s (or spouse’s) immediate family; and separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.

       c.  Response to Issues, Recommendation and Rationale:  
             After a careful review of all the applicant’s military records for the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  On 6 October 2009, the unit commander reviewed the proposed discharge action under the provisions of Chapter 6, paragraph 6-3a, AR 635-200, and recommended approval of the separation action with a general, under honorable conditions discharge due to the fact that she was flagged for adverse action and being absent without leave (AWOL).  

             The separation authority approved the applicant's discharge by reason of hardship/dependency of a family member, with the description of service as general, under honorable conditions.  Barring evidence to the contrary, 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. 

            The applicant contends that there was no record nor had she been in any trouble and should have received an honorable discharge, and it was not fair for her to receive a general, under honorable conditions discharge.   The evidence of record shows that the applicant was AWOL for five days (090809-090814).  AR 635-200, paragraph 3-5a, states the characterization of service at separation will be based upon the quality of the Soldier's service, including the reason for separation and the guidance in paragraph 3-7.

           Further, Army Regulation 635-200, Chapter 6, paragraph 6-11c, states before service is characterized as under honorable conditions, the Soldier will be notified of the specific factors in the service record  that warrants such a characterization.  The notification procedure will be used.  This documentation is not part of the available record and the analyst presumed government regularity in the discharge process.

           Regarding the applicant's contention that she had potential government job offers, but was denied employment due to the discharge she received.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

           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: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100304).

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 1    No change 4
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 AR20100011074
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