Applicant Name: ????? Application Receipt Date: 2010/03/17 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. She contends there was no record nor had she been in any trouble and should have received an honorable discharge, and it was not fair for her to receive a general, under honorable conditions discharge. She further contends she had potential government job offers, but was denied employment due to the discharge she received. 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: 091006 Discharge Received: Date: 091112 Chapter: 6 AR: 635-200 Reason: Hardship RE: SPD: MDB Unit/Location: A Co, Spec Trps Bn, APO AE 09096 Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 080325 Current ENL Term: 04 Years ????? Current ENL Service: 01 Yrs, 07Mos, 18Days ????? Total Service: 01 Yrs, 07Mos, 18Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 42A10 Human Resources Spec GT: 98 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Conyers, GA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 6 October 2009, the applicant requested discharge under the provisions of Chapter 6, paragraph 6-3a, AR 635-200, by reason of hardship/dependency of family member. The unit commander recommended approval of the applicant's request for discharge. On 6 October 2009, the unit commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge for being absent without leave (090809-090814). On 8 October 2009, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 26 October 2009, the separation authority 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 provides the basic authority for the separation of enlisted personnel. Paragraph 6-3b provides for the separation of Soldiers because of genuine hardship. Genuine hardship, for the purpose of separation under this paragraph, is defined as circumstances not involving death or disability for a member of the Soldier’s (or spouse’s) immediate family; and separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. On 6 October 2009, the unit commander reviewed the proposed discharge action under the provisions of Chapter 6, paragraph 6-3a, AR 635-200, and recommended approval of the separation action with a general, under honorable conditions discharge due to the fact that she was flagged for adverse action and being absent without leave (AWOL). The separation authority approved the applicant's discharge by reason of hardship/dependency of a family member, with the description of service as general, under honorable conditions. Barring evidence to the contrary, 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 applicant contends that there was no record nor had she been in any trouble and should have received an honorable discharge, and it was not fair for her to receive a general, under honorable conditions discharge. The evidence of record shows that the applicant was AWOL for five days (090809-090814). AR 635-200, paragraph 3-5a, states the characterization of service at separation will be based upon the quality of the Soldier's service, including the reason for separation and the guidance in paragraph 3-7. Further, Army Regulation 635-200, Chapter 6, paragraph 6-11c, states before service is characterized as under honorable conditions, the Soldier will be notified of the specific factors in the service record that warrants such a characterization. The notification procedure will be used. This documentation is not part of the available record and the analyst presumed government regularity in the discharge process. Regarding the applicant's contention that she had potential government job offers, but was denied employment due to the discharge she received. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 17 November 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100304). 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 1 No change 4 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: None 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 AR20100011074 ______________________________________________________________________________ Page 2 of 3 pages