Applicant Name:  ?????

Application Receipt Date: 2012/03/29	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 of her discharge to fully honorable and desires the restoration of her rank to E-4.  She contends being diagnosed with bipolar disorder and a personality disorder which caused her erratic behavior and demotion to E-1.  

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: 980629
Discharge Received: 			   Date: 980807   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: U.S. Army Medical Equipment and Optical School Student Company, U.S. Army Garrison, Fitzsimmons, Aurora, CO   

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980504, without authority, failed to go at the time prescribed to her appointed place of duty x 2 (980428, 980416); and conspired with PV1 MKF to commit an offense under the UCMJ, by violating Section V, paragraph 2b(1), USAMEOS Student SOP, by loaning her civilian clothes she wore on  25 April 1998; reduction to E-3, extra duty for 14 days and restriction for 14 days, (CG). 

980226, without authority, failed to go at the time prescribed to her appointed place of duty x 3 (980115, 980128, 980218); extra duty for 7 days and restriction for 7 days, (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 970325    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 04  Mos, 13  Days ?????
Total Service:  		04  Yrs, 08  Mos, 26  Days ?????
Previous Discharges: 	RA-931112-970324/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 93P10 Aviation Operations Spec   GT: 121   EDU: Associate Degree   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM,  HSM, ASR 

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: None Listed






 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 29 June 1998, 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 of pattern of misconduct for missing the morning formation (980115); being twenty-five minutes late for class (980115); failing to report for CQ duty (980128); being seventeen minutes late for class (980218); failing to return to class on time after the lunch break x 3 (980415, 980416, 980428); receiving a counseling for being late to class (980422);  failing to report for assistant CQ briefing, and then failing to show up for counseling (980522), with a general, under honorable conditions discharge.  She was advised of her rights.
       
       On 7 July 1998, 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 general, under honorable conditions (although the applicant was not entitled to a board), 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.  
       
       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, 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 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 applicant desires the restoration of her rank to SPC/E-4.  The applicant was reduced to PFC/E-3 as part of her punishment during Article 15 proceedings.  The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank.  The Board may only change the characterization or reason for discharge.  If an applicant believes there is an error or injustice in her discharge, she then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained online or from veteran’s assistance offices.  
       
       The applicant contends being diagnosed with bipolar disorder and a personality disorder which caused her erratic behavior and demotion in rank.  The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with bipolar disorder (previously bipolar and personality disorder including symptoms of depression, fatigue, hallucinations and delusional thinking) determined to be service connected and rated as 70% disabling.  
       
       The evidence of record does not contain any evidence of in-service diagnosis of a bipolar disorder as indicated in the independent documentation from the Department of Veterans Affairs and the applicant did not submit any corroborating evidence of in-service diagnosis of bipolar or related medical issues. 
       Further, the evidence of record indicated that the appellant was mentally responsible for her behavior and possesses sufficient mental capacity to understand and cooperate intelligently as a respondent in any administrative proceedings, which might involve her.
       
       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: 7 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120320); Department of Veterans Affairs, Decision Review Officer Decision, seven (7) pages, dated (100906); VA Directive 6609, Appendix A, dated (110520); and a DD Form 214, dated (980807). 

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 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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120006543
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