IN THE CASE OF: Ms. BOARD DATE: 27 March 2015 CASE NUMBER: AR20140007067 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was improper. The record confirms the government introduced into the discharge packet a letter which disclosed the Soldier had self-referred to the Army Substance Abuse Program (ASAP) which violated the limited use policy. This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service. 2. Accordingly, the Board voted to grant full relief and upgrade the characterization of service to honorable. However, the Board determined reason for discharge was both proper and equitable and voted not the change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of her discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, she was young at the time of her enlistment. She desires the opportunity to serve her country again. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 September 2005 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 paragraph 14-12b, JKA, RE-3 e. Unit of assignment: E Co, 801st Brigade Support Battalion, 4th Brigade Combat Team, Fort Campbell, KY f. Current Enlistment Date/Term: 8 January 2004, 4 years g. Current Enlistment Service: 1 year, 8 months, 17 days h. Total Service: 1 year, 8 months, 17 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92A10, Automated Logistical Specialist m. GT Score: 88 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 January 2004, for a period of 4 years. She was 18 years old at the time of entry and a HS Graduate. She trained in and was awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist. The record does not contain any evidence of acts of valor or meritorious achievements; and she achieved the rank of PFC/E-3. She was serving at Fort Campbell, KY when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 16 September 2005, 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 a pattern of misconduct. Specifically for the following offenses: a. during a CG Article 15 hearing, she was found guilty of four specifications of failing to report to her appointed place of duty (050803), b. being AWOL (050729-050803), c. failing to return to work after her doctor's appointment (050714), d. failing to report to her appointed place of duty x 8 (050623, 050621, 050619, 050620, 050617, 050614), 041215 and 041119, and e. leaving her appointed place of duty x 2 (050227, 050609) and disobeying a lawful order from a noncommissioned officer x 2 (050223, 051222). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 16 September 2005, the applicant was afforded the opportunity to consult with legal counsel, and waived her right to do so, was advised of the impact of the discharge action, and submitted a statement on her own behalf (which is not contained in the records). 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 with a general, under honorable conditions discharge. 4. On 20 September 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 28 September 2005, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 6. The applicant’s record of service indicates 4 days of time lost for being AWOL from 29 July 2005 until 2 August 2005, mode of return is unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A CG Article 15 dated, 3 August 2005, for without authority, failing to report to her appointed place of duty x 4 (050718, 050715, 050711, and 050614); the punishment consisted of a reduction to E-1. 2. A CG Article 15 dated, 9 June 2005, for without authority, failing to report to her appointed place of duty (050510); and willfully disobeying a lawful order from a noncommissioned officer (SGT, 050510); the punishment consisted of a reduction to E-2, forfeiture of $323 pay for one month and extra duty for 14 days. 3. She received numerous negative counseling statements dated between 19 November 2004 and 1 August 2005, for failing to report, failing to complete corrective training, failing to follow instructions, disobeying a direct order, disrespecting a noncommissioned officer, and AWOL. 4. The record contains two DA Forms 4187 (Personnel Action), dated 29 July 2005 and 3 August 2005, showing the applicant’s present for duty and AWOL dates. 5. DA Form 3822-R (Report of Mental Status Evaluation), dated 7 September 2005, indicating the applicant was psychiatrically cleared for any administrative action deemed appropriate by command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a self-authored statement (two pages), unsigned. POST-SERVICE ACTIVITY: The applicant did not provide any information with her application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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 being absent 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. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, the characterization of service was improper. 2. The record confirms the government introduced into the discharge packet a letter which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP) which violated the limited use policy. This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization of service being improper, the analyst recommends the Board grant full relief by upgrading the applicant’s characterization of service to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140007067 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1