Applicant Name:  ?????

Application Receipt Date: 2010/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The reason that I was seperated was based of false statements.  My chain of command accused me of trying to get out of a deployment instead of the correct reason.  My daughter was in an unsafe situation and I requested to return home from Iraq and take care of my daughters situation.  I was promised a release from theater and then was told that they had counted me as AWOL.  Even though I was working under the rear-detachment and in contact with forward the entire time.  I informed that my daughter was in a dangerous situation and my chain of command told me that I had no proof and even after my ex-husband caused a 5 car pile up and is being charged with various felonies to include felony assault with a motor vehicle, they continued to claim that my daughter would be in no danger if left with her father. My Battalion Commander claimed in a letter to the Commanding General that I was a prior service paralegal and that I was trying to "play the system" which lead to me recieving a GOMOR and being discharged from the Army. I was Not a paralegal BUT, I was a 71L, Adimistrative. I have not working knowledge of the legal system and was not trying to dodge a deployment but, I was conserned for the safty of my daughter.  I disobeyed NO order that I was not moraly bound to.  However, to give me an order to leave my daughter in an unsafe situation is against not only my morals as an officer but also as a mother.  I stated on several occasions that as soon as my daughter was taken care of I would be more that glad to get back on the next plane going over.  I wish to continue to serve my Country as an Army Officer and because of this extreme injustice I am told that I cannot."

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: 100105
Discharge Received: 			   Date: 100329   Chapter: 4-2A     AR: 600-8-24
Reason: Substandard Performance	   RE:     SPD: JHK   Unit/Location: 1st Air Cav Bde, 1 CAV, Fort Hood, TX 

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:  22
Current ENL Date: 060604    Current ENL Term: NIF Years  ?????
Current ENL Service: 	3 Yrs, 09Mos, 26Days ?????
Total Service:  		7 Yrs, 11Mos, 13Days ?????
Previous Discharges: 	ARNG 020417-060512/HD (Concurrent Service)
Highest Grade: CPT/O3		Performance Ratings Available: Yes    No 
MOS: 15AB2 General Aviation   GT: NA   EDU: Coll Grad   Overseas: SWA   Combat: Iraq (090428-090901)
Decorations/Awards: AAM, NDSM, GWOTEM, ASR

V.  Post-Discharge Activity
City, State:  Harker Heights, TX
Post Service Accomplishments: None submitted 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 December 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2, AR 600-8-24, by reason of personal misconduct, substandard performance of duty and derogatory information.  
       
       The applicant was directed to show cause for retention on active duty for receiving a GOMOR (091113) for violating two direct orders from the battalion commander and refusing to return to theater; substandard performance of duty by a downward trend in overall performance and conduct unbecoming an officer.  She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal.  
       
       This applicant was a probationary officer who is not entitled to an administrative board hearing.  However, she submitted matters in response to the initiation of the elimination action.  On 9 January 2010, the CG, 1st Cav Div, Baghdad, Iraq recommended that the applicant be separated with an honorable characterization of service.  The Ad Hoc Review Board recommended the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  
       
       On 15 March 2010, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 
       
       The record also contains a GOMOR dated 091113.  

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and  the issue, and documents she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 
       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 Army Officers.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable conditions discharge.  
       
       The analyst noted the applicant's issue that she was separated based on false statements and the chain of command accused her of trying to get out of a deployment instead of the correct reason.  The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       Therefore, the reason for discharge and the characterization of service remain both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Police arrest report, two character letters, emails, temporary order for child custody

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 2    No change 3
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



























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 AR20100014555
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