Applicant Name: ????? Application Receipt Date: 2010/07/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she served 3 years, 3 months and 26 days of a 4 year enlistment. It has been found that she suffers from a personality disorder and we believe that to be the cause of behaviors. Denying this request, limits her ability to attend college. We request that the board look at her servcie as honorable so she may use her GI Bill benefits. This will allow her to find and maintain meaningful and gainful employment. She is now 50% service connected for other conditions that occurred in service. 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: 090604 Discharge Received: Date: 090708 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 240th Quartermaster Company, 391st Combat Sustainment Support Battalion, (Rear) (Provisional), Germany, APO, AE Time Lost: None Article 15s (Charges/Dates/Punishment): 090303, disobeyed a lawful order from SGT's, noncommissioned officers x 3 on (071116), (080903), (081007), disrespectful in language toward SGT, a noncommissioned officer on (081007), disobeyed a lawful order from SGT, a noncommissioned officer on (081007), disrespectful in deportment toward SGT, a noncommissioned officer on (081007), reduction to Private (E-1), forfeiture of $699.00 pay per month for 2 months, extra duty and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: Reenl/080226 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 4 Mos, 13 Days ????? Total Service: 3 Yrs, 10 Mos, 2 Days ????? Previous Discharges: RA 050907-080225/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92W10 Water Treatment Spec GT: 84 EDU: HS Grad Overseas: Germany (060313-090708) Combat: None Decorations/Awards: NDSM, GWOTSM, NCOPDR, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that she did on (090429) on separate occasions was disrespectful toward a CPL and a SGT; on (090415) on separate occasions she was disrespectful toward a SGT and a SSG; on (090414) on separate occasions she was disrespectful toward a SSG and failed to go to her appointed place of duty; on (090413) she was disrespectful toward a SFC and a SSG ; on (081007) she failed to obey several orders and on separate occasions she was disrespectful toward a SGT; on (080903) she failed to obey an order; and on (071116) she failed to obey an order. The unit commander recommended separation 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 submitted 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 26 June 2009, 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 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 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. The analyst noted the applicant's issue that it has been found that she suffers from a personality disorder and believes that to be the cause of her behavior. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality disorder solely to spare a Soldier who may have committed serious acts of misconduct. Further, the applicant was given a mental status evaluation by competent medical authority at the time of her separation and was cleared of any psychiatric condition, which would prevent her from participating in any legal or administrative action. She was mentally responsible for her behavior, and was able to distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. The applicant further contends that denying this request, limits her ability to attend college. 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. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, the analyst determined 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: 30 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: ????? Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 28 June 2010, DD Form 214 for the period of service ending 8 July 2009, and a copy of the Department of Veterans Affairs rating decision in reference to the applicnt's claim she filed dated 21 May 2010. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100018704 ______________________________________________________________________________ Page 3 of 3 pages