Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states"I WAS ALREADY PUNISHED FOR EVERYTHING I DID. MY COMMANDER MADE IT PERSONAL CAUSE I LIED TO HIM AND MISUSED HIS TRUST. MY PROFESSIONALISM WAS NEVER IN QUESTION IT WAS JUST MY PERSONAL LIFE, THAT MY CMD HAD A PROBLEM WITH."

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: 090331
Discharge Received: 			   Date: 090923   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 147th Adjutant General Company (Postal), Special Troops Battalion, APO AE, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090311, dishonorably failed to pay just debt in the amount of $2,480.00 from (081201-090201), with intent to deceive, made an official statement to a 1SG, which was false on or about (090224), reduction to PFC (E-3), suspended, to be automatically remitted if not vacated before (100910), forfeiture of $517.00 pay per month for one month, suspended, to be automatically remitted if not vacated before (100910), extra duty for 14 days (CG)

Article 15, 081028, failed to go to her appointed place of duty on or about (080919), with intent to deceive, made an official statement to a 1SG, which was false on or about (080924), disrespectful toward a CPT, her superior commissioned officer on or about (080903), did treat with contempt 1SG, a noncommissioned officer on or about (080903), reduction to Specialist (E-4) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: Reenl/050926    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 11 Mos, 28 Days ?????
Total Service:  		8 Yrs, 10 Mos, 15 Days ?????
Previous Discharges: 	RA 001109-040302/HD
                                       RA 040303-050925/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42A10 F4 Human Resources Spec   GT: 87   EDU: HS Grad   Overseas: Southwest Asia, Germany, Korea   Combat: Kuwait (030206-030903)
Decorations/Awards: ARCOM, AAM (3), MUC, GCMDL (2), NDSM, GWTEM, GWTSM, KDSM, HSM, NCOPDR, ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  ?????
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 31 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she falsified official documents by providing false documents of the still birth of her child, lied about her pregnancy to her company commander and 1SG, failed to pay a debt in the amount of $2,480.00, and lied to her 1SG about the debt, with an under other than honorable conditions discharge.  She was advised of her rights.  
       
       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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. 
       
       On 13 August 2009, the applicant was notified to appear before a board officers and advised of her rights.  On 10 September 2009, the board met; the applicant appeared with counsel.  The board recommended that the applicant be separated from the Army with an under other than honorable conditions discharge.  On 15 September 2009, the separation authority approved the findings and recommendations of the board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.  

       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, the issue and document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  The analyst determined that 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 the 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 analyst noted the applicant's issue that she was already punished for everything she did and that her commander made it personal because she lied to him and misused his trust.  Her professionalism was never in question, it was just her personal life that her commander had a problem with.  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. 
       
       Further, before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst determined that the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined that the applicant did not demonstrate the potential for further military service and recommended separation. 
       
       Additionally, the applicant was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense with an under other than 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.  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 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 3 March 2010, copy of a Memorandum for the Commander, while she was on active duty dated 13 September 2009.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change






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 AR20100011911
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