Applicant Name:  ?????

Application Receipt Date: 2012/04/09	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 her discharge to continue her studies. 

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: 990723
Discharge Received: 			   Date: 990806   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC 1st Bn, 3rd Avn Regt, Hunter Army Airfield, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990119, willfully disobeying a superior commissioned officer and disrespect toward a noncommissioned officer, 14 days extra duty, 14 days restriction (Summarized). 

Courts-Martial (Charges/Dates/Punishment): 990617, SCM, disrespect toward a superior commissioned officer (990428), disobeying a lawful command (990426, 990428), disobeying a lawful order (990428), disrespect to a superior noncommissioned officer x 2 (990428), confinement for 15 days, reduction E-1. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: 970318    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04 Mos, 19 Days ?????
Total Service:  		02 Yrs, 04 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 71M10/ Chaplain Assistant   GT: 86   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: AFEM, 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 23 July 1999, 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 (Commission of a Serious Offense) for disrespect toward a superior commissioned officer, willfully disobeying a superior commissioned officer, disrespect toward a noncommissioned officer, disobeying a lawful order from a noncommissioned officer, with a general, under honorable conditions discharge.  She was advised of her rights. 
       
       
       
       
       On 26 July 1999, the applicant waived her rights to consult with legal counsel; however, was advised of the impact of the discharge action by counsel, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 29 July 1999, the separation authority 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, and 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 the former Soldier’s 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.  
       
       Furthermore, the analyst noted the applicant's issue about her desire to continue her studies.  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
       
       Moreover, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12b.  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, to indicate separation authority as AR 635-200, paragraph 14-12c with corresponding SOPD code of JKQ, which was approved by the separation authority.   
       
       Except for the foregoing modifications, as stated above, the analyst determined the discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, 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 characterization of service was both proper and equitable and voted to deny relief.  Further, notwithstanding the propriety of the applicant's discharge, the Board noted that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12b, and block block 26, separation code as JKA.  In view of the foregoing, the Board directed that an administrative correction be made to block 25, to indicate separation authority as AR 635-200, paragraph 14-12c, and block 26, separation code changed to JKQ, as it was approved by the separation authority.   
        
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: Change block 25, separation authority to AR 635-200, paragraph 14-12c and block 26, separation code changed to JKQ,.
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120007576
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