1. APPLICANT’S NAME: a. Application Date: 21 April 2015 b. Date Received: 24 April 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general, under honorable conditions discharge to honorable. The applicant states, in effect, she would like an upgrade of her discharge as a matter of propriety and equity. In a personal appearance review conducted at Arlington, Virginia, on 8 February 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA /RE-3 / General, Under Honorable Conditions b. Date of Discharge: 10 September 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 August 2004 (2) Basis for Separation: The applicant was informed of the following reasons: stated to various Soldiers in her unit she had adulterous relationships on diverse occasions between 1 August 2003 and 1 February 2004, Was discovered in the barracks room of a male Soldier who was not her husband between 1 November 2003 and 1 February 2004, Kissed a male Soldier who was not her husband on 7 February 2004, With the intent to deceive, signed an official record which was false on 24 May 2004, and Failed to report to her appointed place of duty x4 (24 May 2004, 19 June 2004, 24 July 2004, and 25 July 2004). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 18 August 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 23 August 2004 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 August 2000 / 5 years b. Age at Enlistment/Education/GT Score: 18 years / HS Graduate / 104 c. Highest Grade Achieved/MOS/Total Service: E-5 / 31B10, Military Police / 4 years, 1 month, and 2 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: ARCOM-4, AAM-3, AGCM, NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Article 15, imposed on 14 November 2002, for wrongfully consuming alcohol while under the age of 21 years on 20 September 2002, treated with disrespect in language a noncommissioned officer on 20 September 2002, and without authority left her appointed place of duty on 21 September 2002. The punishment consisted of reduction to E-3 (suspended) (CG). Article 15, imposed on 15 June 2004, for on divers occasions stated to various Soldiers within her unit she had adulterous relationships between 1 August 2003 and 1 February 2004; being discovered in the barracks room of a male Soldier who was not her husband and attempted to conceal her presences there between 1 November 2003 and 1 February 2004; kissed SSG C. W., a male Soldier who was not her husband on 7 February 2004; without authority failed to go to her appointed place of duty on 24 May 2004, and with intent to deceive signed an official record and made to a noncommissioned officer an official statement on 24 May 2004. The punishment consisted of reduction to E-4, forfeiture of $863.00 per month for two months and extra duty for 45 days (FG). Several negative counseling statements dated between 21 September 2002 and 12 August 2004, for failure to be at his appointed place of duty on several occasions, being disrespectful to a noncommissioned officer, disobeying a lawful order or regulation, leaving her place of duty without being properly relieved, and notification of pending administrative separation action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Memorandum, dated 18 June 2004, shows the applicant was diagnosed with Axis I adjustment disorder depressed mood/ruled out attention deficit/hyperactivity disorder. 5. APPLICANT-PROVIDED EVIDENCE: An online application. 6. POST SERVICE ACCOMPLISHMENTS: Evidence in the record shows the applicant is a member of the United States Army Reserve serving in the rank of CPT / O-3. She was ordered to active duty on 6 May 2015 for a period of 365 days which ends on 4 May 2016. 7. REGULATORY CITATION(S): 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. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of her general, under honorable conditions discharge to honorable. The applicant’s record of service, the documents and the issues submitted with the application were carefully considered. The record confirms 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. 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 applicant seeks relief contending, she would like an upgrade of her discharge as a matter of propriety and equity. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. Furthermore, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of pattern of misconduct. The applicant’s generally good record of service was the basis for her receiving a GD instead of the normal UOTHC discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): a. Letter from MAJ R, dated 1 November 2015 – 1 page 2. The applicant presented no additional contention(s). 3. Witness: Yes In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150007441 3