Application Receipt Date: 060301 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, The applicant stated in essence that her record of misconduct was almost entirely the result of a personal problem between she and her immediate supervisor. The applicant further states that a request to be transferred was denied and that had a transfer taken place, she would have been successful as a soldier. The applicant submitted copies of counseling statements received with highlights, copies of Article 15s, and copies of awards received. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 041013 Discharge Received: Date: 050106 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Company B, 404th Aviation Support Battalion, Aviation Brigade, 4th Infantry Division (Mechanized), Fort Hood, Texas 76544 Time Lost: None Article 15s (Charges/Dates/Punishment): 040720, Failed to go to her appointed place of duty x2 (040407 and 040510); disrespectful in deportment toward a SSgt on (040510)/Field Grade. 2nd Article 15 - 030903, disobeying a lawful order from a SGT x3 (030731, 030803, and 030808); disrespect in language and deportment towards an NCO x2 (030803 and 030808)/Summarized. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 770530 Current ENL Date: 020110 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 11 Mos, 27 Days ????? Total Service: 2 Yrs, 11 Mos, 27 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 74D10, Chemical Operations Specialist GT: 90 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait/Iraq 030330-040329 Decorations/Awards: ARCOM, GWOTEM, GWOTSM, NDSR, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were Submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 13 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of pattern of misconduct (you received two Article 15's for several incidents of disrespect and failure to repair and various counselings for misconduct), with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted 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 of the separation action with a general, under honorable conditions discharge. On 20 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has an undated approved bar to reenlistment in her OMPF. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge 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 issue she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, to include her combat service, mitigated the discrediting entries in her service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 too harsh and as a result it is inequitable. The Board determined that the overall length and quality of the applicant's service to include her combat service mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003037 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages