IN THE CASE OF: BOARD DATE: 28 July 2014 CASE NUMBER: AR20140007462 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. 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. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 28 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 May 2013 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, 3-43rd ADA, 11th ADA Bde, Fort Bliss, TX f. Current Enlistment Date/Term: 14 February 2011, 4 years g. Current Enlistment Service: 2 years, 3 months, 10 days h. Total Service: 2 years, 3 months, 10 days i. Time Lost: 5 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92A10, Automated Logistical Specialist m. GT Score: 89 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: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 14 February 2011, for a period of 4 years. She was 21 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist. The record does not contain any evidence of acts of valor or meritorious achievements. She was serving at Fort Bliss, TX when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 26 April 2013, 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. receiving a FG Article 15 for violating Articles 91, 92, and 107 of the UCMJ (120531), and b. receiving a CG Article 15 for violating Article 86 of the UCMJ (121106). 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 26 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated she intended to submit a statement on her own behalf, which was not in the file. 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 14 May 2013, 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 May 2013, 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 5 days of time lost from 19 May 2013 until 23 May 2013. The category of lost time could not be determined from the applicant’s available record. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15 dated, 31 May 2012, for being disrespectful in language towards a noncommissioned officer (120504), disobeying a lawful order from 1SG R (120322), and making a false official statement to a noncommissioned officer (120504). The punishment consisted of reduction to E-1, forfeiture of $745 pay X 2 months, extra duty for 45 days, and restriction for 45 days, (FG). 2. An Article 15 dated, 9 January 2013, for leaving her appointed place of duty (120926). The punishment consisted of forfeiture of $410 pay (suspended), (CG). 3. Several negative counseling statements dated between 8 December 2011 and 25 March 2013, for being on restriction, lack of military customs and courtesies, disrespect to a senior commissioned officer and senior noncommissioned officer, insubordinate conduct towards a noncommissioned officer, not wearing a seatbelt, failure to obey an order and regulation, recommendation for UCMJ action, noncompliance with procedural rules, absent without leave, lying to a noncommissioned officer, lying to the battalion commander, APFT test performance, not having her ID card with her at all times, missing appointments, walking with earphones while in PT uniform, driving with an invalid driver's license, conditions placed on liberties, and illegal drug possession/use. 4. Report of Mental Status Evaluation, dated 28 March 2013, indicating the applicant was diagnosed with an adjustment disorder with mixed emotional features and was cleared for administrative processing deemed necessary by her chain of command for Chapter 14-12c. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her military records, and the application she submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms 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. It brought discredit on the Army, and was prejudicial to good order and discipline. By the pattern of misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. The applicant’s record of service was marred by two Articles 15 and several negative counseling statements. 3. 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. 4. The applicant's issues and contentions were noted as annotated on her application. However, they are not clear as to what she was requesting the Board to consider regarding her issues and contentions. In view of the foregoing, her issues and contentions could not be considered per the DRB procedures and standards. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends to the Board to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 28 July 2014 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change 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) AR20140007462 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1