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ARMY | DRB | CY2011 | AR20110000387
Original file (AR20110000387.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2011/01/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her discharge was improper due to the stress the higher command place on her after her formal complaint of sexual harassment were filed against a senior enlisted member of her command.  The lost of her educational benefits has left her unmarketable for current and future employment. 

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: 021118
Discharge Received: 			   Date: 030124   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Company, Division Support Command, 3rd Infantry Division (Mechanized), Fort Stewart, GA 

Time Lost: AWOL x 1 from (021122-021205) for 14 days.  The mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 020510, failed to return from work (020508), failed to report to work x 3 (020507), (020222), (020220), extra duty and restriction for 7 days (Summarized)

020726, operated a motor vehicle without a valid driver's license x 2 (020618), (020511), operated a motor vehicle at a speed of 40 miles per hour, where the maximum speed limit was 25 miles per hour (020511), reduction to private (E-2), forfeiture of $289.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (021226), and 14 days of extra duty (CG)

The suspension of the punishment of forfeiture of $289.00 pay for two months imposed on (020726) was vacated, effective (020826) based on the applicant's offense of failing to go to her appointed place of duty (020806).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010524    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 7 Mos, 15 Days ?????
Total Service:  		1 Yrs, 7 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: 95   EDU: GED Certif   Overseas: None   Combat: None
Decorations/Awards: ASR

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 18 November 2002, 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 violated the Official Code of Georgia Annotated by driving without a valid driver's license, driving 15 miles per hour in excess of the posted speed limit, and numerous failure to repairs, with a general, under honorable conditions discharge.  She was advised of her rights. 
       
       On 11 December 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 27 December 2002, 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 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 her discharge was improper due to the stress the higher command place on her after her formal complaint of sexual harassment were filed against a senior enlisted member of her command.  The applicant claims that the stress at work after having filed a sexual harassment complaint resulted in her discharge. 
       
       While the applicant may believe her stress at work was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from the stress through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, she has provided no evidence that she should not be held responsible for her misconduct.  
       
       Additionally, 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.  
       
       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: 24 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 12 May 2008.

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 AR20110000387
______________________________________________________________________________


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