Applicant Name:  ?????

Application Receipt Date: 2011/12/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade to honorable discharge.  She contends that she got in  trouble for violating a no contact order with her son's father.  The applicant states that she was a great Soldier who never got in trouble prior to this incident.  She further contends she is enrolled in school and in desperate need of tuition assistance.

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: 090114
Discharge Received: 			   Date: 090130   Chapter: 14-12B      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 1-227th Atk Rec Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081118, disobeying a lawful order x 3, (081103, 081106 and 081110), reduction to E1, forfeiture of $673 X 2 months, 45 days extra duty, 45 days restriction (FG).

080729, disobeying a lawful order x 2, (080711 and 080715), forgery (080716), reduction to E3, forfeiture of $370 ($240 suspended), 14 days extra duty, 14 days restriction (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: 060810    Current ENL Term: 3 Years  25 weeks
Current ENL Service: 	2 Yrs, 5 Mos, 21 Days ?????
Total Service:  		2 Yrs, 5 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Ops Sp   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070519-071231)
Decorations/Awards: ARCOM, NDSM, ICM-CS, GWTSM, ASR, OSR

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 14 January 2009, 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 pattern of misconduct for, disobeying a lawful order x 5, (080711, 080715, 081103, 081106 and 081110) and falsely preparing and signing a document (080716).
       
       On 14 January 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected to submit a statement.  On 22 January 2009, the applicant decided not to submit a statement after missing the seven day suspense.  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 23 January 2009, the separation authority waived further rehabilitation 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 all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  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 analyst noted the applicant's issue of requesting an upgrade of her discharge for the purpose of receiving education benefits.  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.
       
       The applicant contends she was a great Soldier and did not want to leave the military.  She states she never got in trouble prior to this incident.
       
        The evidence of record shows that the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts, and the command determined the applicant did not demonstrate the potential for further military service.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge to include the reentry eligibility code 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 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293

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 ?????    No change 5
Reason -     Change ?????    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: ?????
Other: ?????
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 AR20110024725
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