Applicant Name: ????? Application Receipt Date: 2009/08/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: Arbitrary and Capricious, employment, and unemployment pay 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: 970602 Discharge Received: Date: 970709 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: HHC, 25th Inf Div (Light) Support Command, Ft Shafter, HI Time Lost: None Article 15s (Charges/Dates/Punishment): 961018, disobeyed a lawful order (960927), reduction to E3, suspended to be automatically remitted if not vacated by (970415), forfeiture of $100 pay per month for one month and 14 days extra duty and restriction (CG). 961028, vacation of suspension, wrongfully consumed alcohol while a minor (961022); reduction to E3 (CG). 950322, fail to go at the time prescribed (960306); reduction to E1, forfeiture of $199 pay, and 14 days restriction and extra duty (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 940616 Current ENL Term: 6 Years ????? Current ENL Service: 3 Yrs, 00Mos, 24Days ????? Total Service: 3 Yrs, 00Mos, 24Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 91K10 Medical Lab Spec GT: 114 EDU: HS Grad Overseas: Hawaii Combat: None Decorations/Awards: AAM, NSDM, ASR V. Post-Discharge Activity City, State: Bowling Green, KY Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 28 May 1997, 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 receiving an Article 15 on 961018 for failing to obey a lawful order; vacating the suspension from the Article 15 dated 961018 for violating a lawful general regulation, rehabilitative transfer to HHC DISCOM and since the transfer continuous counselings show that she could not conform to Army Standards, with a general, under honorable conditions discharge. She was advised of her rights. On 2 June 1997, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 June 1997, 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 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 issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of 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 found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment/enhancing employment opportunities or allowing collection for unemployment payment. Further, the analyst noted the applicant's issue concerning unemployment pay, however, this issue does not fall within the purview of this Board. 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: 2 June 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: A self authored statement and her separation documents 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090013531 ______________________________________________________________________________ Page 1 of 3 pages