Applicant Name:  ?????

Application Receipt Date: 2010/10/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she would like an upgrade so that she can apply for veterans benefits, social security benefits, unemployment and employment opportunities.  

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: 100701
Discharge Received: 			   Date: 100917   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Company, 50th Signal Battalion, (Expeditionary), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100618, failed to go to her appointed place of duty x 5 on (100301), (100303), (100304), (100315), (100602), reduction to Private (E-2), extra duty for 14 days, suspended, to be automatically remitted if not vacated before (100918), (CG)

080912, failed to go to her appointed place of duty (080902), failed to obey a lawful order issued by a SGT (080725), failed to go to her appointed place of duty (080612), reduction to Private First Class (E-3), forfeiture of $447.00 pay for one month and extra duty for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: Reenl/081218    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 0 Days ?????
Total Service:  		9 Yrs, 8 Mos, 16 Days ?????
Previous Discharges: 	USAR/ADT 001017-050525/NA
                                       RA 050526-081217/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Oper/42A10 Human Resources Spec   GT: 85   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (061026-071026), Afghanistan (090123-100119)
Decorations/Awards: NDSM, GWOTSM, ICMDLw/CS (2), ASR, OSR (2), MUC

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 29 June 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that she was counseled on numerous occasions for failing to report to her appointed place of duty on time, with a general, under honorable conditions discharge.  She was advised of her rights.  On 6 July 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than an honorable discharge and did not submit 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 a general, under honorable conditions discharge.  On 24 August 2010, the separation authority waived further rehabilitative efforts and 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 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 and the issue she submitted, the analyst determined that the applicant's characterization of service is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and waived her right to an administrative separation board contingent upon receiving an honorable discharge.  The analyst noted that she was entitled to have her case reviewed by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board based on the conditional waiver she submitted nor an honorable characterization of service.  Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of her service is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the narrative reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 12 October 2010.






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 characterization was improper.  The evidence of record shows that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board.  She waived the board contingent upon receiving a characterization of no less than honorable. 

The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver she submitted nor an adminstrative separation board.  The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100026058
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