Applicant Name:  ?????

Application Receipt Date: 2011/11/22	Prior Review:     Prior Review Date: 2009/06/05

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was experiencing emotional and physical distress when she was discharged.  The commander asked her if she would like to be separated with a general under honorable conditions, while she was on the psychiatric ward.  It was determined that her depression was exacerbated by substance abuse (alcohol) and she was sent to Norfolk National Naval for rehab from 3 to 28 April 2006.  She states that after her mental health issues were addressed, her performance improved remarkably.  Prior to an incident that caused her to be hospitalized, she had a good to average performance.  She feels that she did not understand the implications of her choice as they were not fully explained to her.  She concludes that she served honorably and to the best of her ability.

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: 060831
Discharge Received: 			   Date: 061013   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: C Co, Walter Reed AMC, Washington, D.C. 

Time Lost: 7 days, AWOL x 2 (051215-051219 and 051117-051118), mode of return unknown.  Not reflected on the applicant's DD Form 214, however, supported by the record.

Article 15s (Charges/Dates/Punishment): 06113, AWOL (051215-051219), reduction to E-2, forfeiture of $300, 14 days extra duty (CG)

051201, AWOL (051117-051118), reduction to E-3, forfeiture of $361 (suspended), 14 days extra duty (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 030612    Current ENL Term: 4 Years  5-month extension
Current ENL Service: 	03 Yrs, 04 Mos, 02 Days ?????
Total Service:  		03 Yrs, 04 Mos, 02 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68W (Health Care Spec)   GT: NIF   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 31 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for two consecutive failures of the Army Physical Fitness Test, for being AWOL x 3 (051215-051219, 051117-051118, and 060309-060309), with a general under honorable conditions discharge.  She was advised of her rights.  
       
       On 7 September 2007, 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 with a general under honorable discharge.  
       
       On 27 September 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the requirements and procedures, and the basic authority for the administrative discharge of enlisted personnel personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations that have two consecutive failures of the Army Physical Fitness Test.  The reason for discharge will be shown as unsatisfactory performance and that the service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions..  In all other cases for discharges under Chapter 13, Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the entire applicant’s military records and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       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 unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       
       The analyst noted the applicant's issue, however, Army Regulation 635-200, Chapter 13 stipulates that if in the commander’s judgment, the soldier will not develop sufficiently to become a satisfactory soldier and the seriousness of the circumstances is such that the soldier’s retention will have an adverse impact on military discipline, good order, and morale, the commander may initiate separation proceedings under this chapter.  The record indicates that the applicant had become a disruptive influence by her repeated absences without leave (AWOL) and by her inability to successfully pass the APFT.  These incidents became the circumstances forming the basis for the appropriate initiation of separation proceedings under Chapter 13, AR 635-200, for Unsatisfactory Performance.  The unit commander could have followed the rules for elimination action under Chapter 14 for Misconduct, however, he chose the least severe of the two.  
       
       The analyst also noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       In addition, the analyst noted the applicant’s medical issue as outlined in the documents with her application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.
       
       Accordingly, 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. 
       
       In view of the foregoing, 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: 9 April 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Ms. Queen W. Baker, The American Legion, Washington Officer, 1608 K Street NW, Washington, DC 20006

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, dated 17 November 2011, with self-authored statement; College Freshman Report; three character reference letters; The American Legion Statement, dated 18 November 2011 and its enclosure, dated 2 April 2012

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 2    No change 3
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: NA
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 AR20110023357
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