Applicant Name: ????? Application Receipt Date: 2011/11/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that her conduct was due to her young age and immaturity at the time. However, since then she has learned many valuable lessons, and has many medical conditions that occurred while on active duty. Therefore, she is requesting consideration to upgrade her discharge from a General Discharge, to and Honorable Discharge. She realizes that she made many mistakes which included her immature behavior. 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: 040504 Discharge Received: Date: 040527 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: C Company, 25th Brigade Support Battalion, Fort Lewis, Washington Time Lost: None Article 15s (Charges/Dates/Punishment): 030612, gave a false official statement to a senior noncommissioned officer with the intent to deceive x 2 (030601); extra duty for 7 days; restriction for 7 days; (Summarized). 030702, without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 hours physical training formation (030916); failed to obey a lawful order issued by 1SG G that trash was not to be placed her wall locker by placing two bags of trash in her wall locker (030916); reduction to E-2, suspended, to be automatically remitted if not vacated (040603); forfeiture of $301 pay, suspended, to be automatically remitted if not vacated (040603); extra duty for 14 days; restriction for 14 days to the limits of the company area, dining facility and place of worship; (CG). 030725, broke restriction (030616); reduction to E-3, forfeiture of $336 pay suspended, to be automatically remitted if not vacated before (031221); extra duty for 14 days; and restriction for 14 days; (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: 000725 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 10 Mos, 3 Days ????? Total Service: 3 Yrs, 10 Mos, 3 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91W10 Medical NCO GT: 94 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 May 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for disobeying a lawful order from 1SG G (031203), with a general, under honorable conditions discharge. She was advised of her rights. On 5 May 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board (was not entitled), and did not submit 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 action and recommended approval of the separation with an under other than honorable conditions discharge. On 6 May 2004, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 available military records the issue submitted in the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to an honorable discharge. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the applicant had completed 3 years, 10 months and 3 days of a 4 year contract; as such the length of the applicant's service partially mitigated the discrediting entries in her service record. Additionally, the analyst noted the applicant's youth at the time of enlistment and an apparent lack of maturity. The analyst further noted that the applicant's discrediting entries were incidents of a minor nature. While the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, the analyst found that the offenses were partially mitigated by youth and immaturity. Accordingly the analyst determined that the characterization of service was too harsh and as a result, it is inequitable. Accordingly, the analyst recommends to the Board that his characterization of service is too harsh and recommends relief in the form of an upgrade to fully honorable. The analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: Yes. Witnesses/Observers: None Exhibits Submitted: DD Form 149, Cover Letter from the American Legion and a DD Form 214. 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110022631 ______________________________________________________________________________ Page 3 of 3 pages