Application Receipt Date: 060703 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 060105 Discharge Received: Date: 060123 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: D Battery 2nd Bn, 43rd ADA, 108th ADA Bde, Fort Bliss, TX 79916 Time Lost: AWOL-16 days from (051215-051230), mode of return to military control NIF. Applicant was confined by Military Authorities from (051215-060103) as a part of sentence due to her Summary Court-Martial, however, confinement period is not annotated on DD Form 214. Article 15s (Charges/Dates/Punishment): 050531-having received a lawful order from a SSG, willfully disobeyed the same, (050516), and disrespectful in deportment toward a SSG, (050516), (Company Grade). 040918-having knowledge a lawful order issued by a CPT, failed to obey the same by wrongfully wearing a nose ring, (040828), (Company Grade). 040624-having knowledge a lawful order issued by a LTC, failed to obey the same by wrongfully consuming alcohol, (040613), (Company Grade). Court-Martials (Charges/Dates/Punishment): Summary Court-Martial-051215, disobeyed a SGT, X 2, (051129), disrespected a SGT, (051129), and AWOL from (051129-051201), reduction to E-1, forfeiture of $823.00 and confinement for 20 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850521 Current ENL Date: 051101 Current ENL Term: 2 Years ????? Current ENL Service: 00 Yrs, 02 Mos, 07 Days ????? Total Service: 01 Yrs, 10 Mos, 21 Days ????? Previous Discharges: RA-040217-051031/HD Highest Grade: E3 Performance Ratings Available: Yes No MOS: 14T10 Patroit Operator/Maintainer GT: 107 EDU: GED Cert Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 5 January 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (found guilty by a Summary Court-Martial, received three Company Grade Article 15s, and a Summarized Article 15 , constituting a pattern of misconduct), with a general, under honorable conditions discharge. She was advised of her rights. 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 of the separation action with a general, under honorable conditions discharge. On 12 January 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 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, 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 during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that 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 her 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. Furthermore, eligibility for veteran's benefits to include educational benefits under the 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 June 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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 discharge was both proper and equitable, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009427 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages