Applicant Name:  ?????

Application Receipt Date: 2010/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states, in effect, that she is requesting an upgrade, a change in the RE code and the narrative reason so she can rejoin the Army.  She was seventeen, immature and reckless with her decisions.  At the time she did not listen to anyone and learned some life lessons the hard way.  

Since leaving the service she met and married her loving husband.  With his help she has been able to mature, learn and cope with the responsibilities that come with life.  Although, she was going nowhere fast it was against all odds and the love of her good husband that helped her to change.  She has been out of the Army for three and a half years.  

She was an outstanding student in high school and would like to rejoin the Army primarily for the travel and educational opportunities.  She is interested in two MOS career paths 25B, Information systems Operator Analyst and 25R, Visual Information Equipment Operator Maintainer.  Her goal is to make a career out of the Army and earn her degree.  She also hopes to become an Army warrant officer or commissioned officer depending on where her career route takes her.

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: 061201
Discharge Received: 			   Date: 061222   Chapter:  14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company B, 447th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA                     

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060816, disobeyed a lawful order by being on Barton Field during darkness (060426), disobeyed a lawful order by having an unofficial personal meeting with an MOS-T Soldier (060727), reduction to E-2, suspended to be automatically remitted if not vacated before (061116), forfeiture of $334.00 pay per month for 1 month, 14 days extra duty, suspended to be automatically remitted if not vacated before (061116), (CG).

060830, the suspended grade reduction to E-2 was vacated for wrongfully consuming alcohol while under the age of 21.

060920, Article 15 is NIF, applicant was reduced to E-1 and supplementary action imposed previously suspended punishments; forfeiture of $299.00 per month for 1 month for breaking restriction by going off post to the Sun Set Inn, located in Augusta, GA (061119). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060601    Current ENL Term: 6 Years  ?????
Current ENL Service: 	0  Yrs,  6 Mos, 22 Days ?????
Total Service:  		1 Yrs,   6 Mos, 20 Days ?????
Previous Discharges: 	USAR 050319 - 060531/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None


V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 1 December 2006, 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 misconduct, patterns of misconduct-for failure to report multiple times, disobeying orders and breaking restriction with a general, under honorable conditions discharge.  She was advised of her rights.  
      
      On 1 December 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board (was not entitled) 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 action and recommended approval of the separation with a general, under honorable conditions discharge.  
      
      On 18 December 2006, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 the applicant’s available military records, the issues and documents 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 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 she was young and immature when she joined the Army; however, there is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
      
      The analyst noted the applicant's desire to attend school; however, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
      
      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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, various letters and a DD Form 214.

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



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 AR20100021701
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