Applicant Name:  ???

Application Receipt Date: 2011/06/27	Prior Review:     Prior Review Date: NA

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she does not believe her discharge to be in error; she would like to reenlist and an honorable discharge with a higher RE Code, and change in the narrative reason should make it easier to do so.  She graduated from high school in 2007, and that summer decided to see what the military was like and get some help paying for college.  She had also hoped to possibly follow in her parents’ footsteps and have a military career.  Her father is finishing forty years working for the Navy and her mother is still working on completing 20 years in the Army Reserve.  

The applicant was one of the fastest and strongest females in her company and excelled at everything during Boot Camp.  Her first duty station was Fort Story.  Everything started out fine; then she was caught drinking underage and was sent to ASAP.  She attended AA classes at least once a week and during off duty hours.  Four months into the program, a week before her sister’s wedding she received a DUI; consequently her leave was revoked.  She decided to go anyway so she wouldn’t break her sister’s heart by not being in her wedding; as a result the applicant was AWOL for two days.  When she returned she had to go to ASAP and was given extra duty after regular duty hours until the chapter process was started.  She requested to stay in the military; however, her chain of command decided she needed some time to think about her future, and maybe come back some day and correct the mistakes she had made.  She was not happy with herself; although, she knows she can make a difference and be a better Soldier 24/7, not just during duty hours.  She has always wanted to go back in the military.  

Unfortunately, about ten months after being discharged she received another DUI; however, it has not been over two years and her record has been clean and will stay that way.  She has been out of the Army for almost three years and during that time she graduated from AA in March of 2010 and has not been drunk since her last DUI.

For the past two years she has held different factory jobs.  In September she moved to Florida and became a life guard and in December 2010 she started working at McDonalds.  She loves being a life guard; it was her first job when she was 16.  She also loves being an EMT and the military.  She realizes she is not a kid anymore and needs a future and prefers to have the military be in that future for twenty years or more.

She is asking for a second chance at a wonderful future in the Armed Forces.  She would also like to finish her college degree for EMT Service.  She doesn’t need alcohol to live her life; however, she does need a future.  She made mistakes and is not one to give up on having a future.  She is willing to serve her country in the US and abroad, she is willing to go to war and serve her country.

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: 080707
Discharge Received: 			   Date: 080801   Chapter: 14-12c     AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 119th Transportation Company, 11th Transportation Battalion, 7th Sustainment Brigade (Rear) (Provisional), Fort Story, VA 

Time Lost: AWOL for a total of 2 days (080530 - 080601), returned to unit.

Article 15s (Charges/Dates/Punishment): 080620, without authority, absented herself from her place of duty at which she was required to be, 119th Trans. Co., located at or near Fort Story, Virginia, (080530 – 080602), engaged in sexual contact with her hand, by touching Private K’s vagina and buttocks, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT K (080126); 
engaged in sexual contact with her hand, by grabbing PFC O’s vagina, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PFC O (080126); engaged in sexual contact with her hand, by grabbing PVT C’s breast, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT C (080126); engaged in sexual contact with her hand, by rubbing PVT D’s breast and buttocks, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT D (080126); unlawfully consumed an alcoholic beverage, while under 21 years of age (080126); orally communicated to PFC O, that she wanted to take shower and naps with PFC O (080726); reduction to E-2; forfeiture of $754.00 pay per month for two months, suspended, to be automatically remitted if not sooner vacated (081216), extra duty for 45 days; 45 days of restriction to the limits of the barracks, company area, mailroom, dining facility, place of duty, place of worship, medical and dental facilities, oral reprimand; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070801    Current ENL Term: 3  Years  18 Weeks
Current ENL Service: 	0  Yrs, 11 Mos, 29 Days ?????
Total Service:  		0  Yrs, 11 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Op   GT: 87   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 7 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct, for engaging in sexual contact with her hand, by touching Private K’s vagina and buttocks, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT K (080126); engaging in sexual contact with her hand, by grabbing PFC O’s vagina, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PFC O (080126); engaging in sexual contact with her hand, by grabbing PVT C’s breast, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT C (080126); engaging in sexual contact with her hand, by rubbing PVT D’s breast and buttocks, over the clothes, and such sexual contact was without legal justification or lawful authorization and without the permission of PVT D (080126); unlawfully consumed an alcoholic beverage, while under 21 years of age (080126); without authority, absented herself from her place of duty at which she was required to be, 119th Trans. Co., located at or near Fort Story, Virginia, (080530 – 080602), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 8 July 2008, 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 submitted 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 22 July 2008, 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 analyst noted the applicant’s issue of youth and immaturity; 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 have a college degree; 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.
       
       The analyst noted the applicant's desire to reenlist and have military service as part of her future; 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. 
        
       The applicant contends that the narrative reason for her discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200 with a general, under 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.  
       
       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 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: 20 April 2012         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 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder??




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 AR20110013038
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