RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070005162 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Michael J. Flynn Chairperson Mr. Larry W. Racster Member Mr. Donald W. Steenfott Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of her earlier request for upgrade of her general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, that the Board did not take into consideration her first period of service and the awards that she had earned. 3. The applicant provides documentation through counsel. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests reconsideration of the applicant's earlier request for upgrade of her general, under honorable conditions discharge to honorable. 2. Counsel states that the applicant gave 6 good years of her life in the defense of our country. She made an error and was punished by loss of pay and rank, and by having to pull extra duty, Counsel contends that this should have been fit punishment for her mistake. However, she has also been denied the educational benefits that she paid for while in the military. 3. Counsel provides a copy of her Certificate of Release or Discharge from Active Duty (DD Form 214), a negative criminal records check from the Arizona Department of Public Safety, and seven letters of support from the Military Order of the Purple Heart, employers, family, and friends. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR 20050008801, on 11 April 2006. 2. The arguments by the applicant and counsel and the attached letters of support constitute new evidence requiring consideration by the Board. 3. A review of the applicant's records shows that she had attained the rank of specialist, pay grade E4, and was on the promotion recommended list for sergeant, pay grade E5. 4. The applicant served a tour of 7 months in Saudi Arabia and 12 months in the Republic of Korea. 5. The applicant's awards include the Army Achievement Medal for meritorious service, National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar. 6. The letters of support provided by the applicant indicate that she feels great remorse for the mistakes she made while in the military service and that, since her separation, she has been a proven asset to our society. Her employer stated that she is reliable, honest, and professional at all times. Her co-workers say that she performed her duties and was a likable employee with staff and students. Her family and friends state that she exemplifies the characteristics of enthusiasm for learning and has self control and respect for others. DISCUSSION AND CONCLUSIONS: 1. The applicant's record of good service is greatly diminished by the multiple nonjudicial punishments she received for use of controlled substances and is outweighed by the circumstances of the discharge. 2. The applicant’s good post-service conduct is noted. However, it does not sufficiently mitigate her repeated acts of indiscipline during her military service. 3. Accordingly, she has not provided any evidence or sufficiently mitigating argument to warrant an upgrade of her discharge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ MJF __ _LWR___ __DWS _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR 20050008801, dated 11 April 2006. ____ Michael J. Flynn _____ CHAIRPERSON INDEX CASE ID AR20070005162 SUFFIX RECON DATE BOARDED 20070814 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 144.6000 2. 3. 4. 5. 6.