1. Applicant's Name: a. Application Date: 5 January 2017 b. Date Received: 9 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she would like an opportunity to make others proud. She would also like to spend more time with her daughter who is at a critical age of development. As a single mother, she finds her presence to be highly critical. In a personal appearance hearing conducted at Arlington, VA on 21 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, severe family matters and post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. (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: 26 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 February 2011 (2) Basis for Separation: The applicant was informed of the following reasons: She was derelict in the performance of her duties on 26 February 2010, by sleeping in the CBRN during duty hours. She failed to report to her appointed place of duty on 10 and 12 June 2010, and on 3 September 2010. She made a false official statement by giving an NCO, an altered sick call slip showing she was on quarters for 48 hours, when she was not. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 December 2009 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 74D10, Chemical Operations Specialist / 3 years, 10 months, 22 days d. Prior Service / Characterizations: ARNG (5 May 2007 to 16 June 2008) / NA IADT (17 June 2008 to 17 November 2008) / HD ARNG (18 November 2008 to 2 December 2009) / NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to obey an order or regulation; failing to be at her appointed place of duty at the prescribed time on several occasions; being derelict in the performance of her duties; having the unit guidon in her room; and presenting an NCO with a falsely made or altered sick slip. CG Article 15, dated 19 March 2010, for being derelict in the performance of her duties on 26 February 2010. The punishment consisted of 14 days of extra duty and restriction (both suspended). CG Article 15, dated 30 July 2010, for failing to go to her appointed place of duty at the prescribed time on 12 June 2010, and being derelict in the performance of her duties on 10 June 2010. The punishment consisted of a reduction to E-2 (suspended), forfeiture of $378 (suspended), and 14 days of extra duty and restriction (both suspended). Record of Supplementary Action Under Article 15, UCMJ, dated 4 September 2010, vacated the punishment of a reduction to E-2, forfeiture of $378, 14 days of extra duty, and 14 days of restriction imposed on 30 July 2010, based on the applicant failing to be at her appointed place of duty at the prescribed time on 3 September 2010. FG Article 15, dated 11 January 2011, for presenting a false official document, a sick slip, on 10 December 2010. The punishment consisted of a reduction to E-1, forfeiture of $723 pay per month for two months, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 23 February 2011, psychologically cleared the applicant for any administrative action deemed appropriate by her command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 5 January 2017; birth certificate of her daughter; pages 1-3 and 8-10 of case law report entitled "Taylor v. Hodges" 16 October 2008; character reference letter, dated 5 January 2017; DD Form 214 with ending date of 17 November 2008; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, and the issues and documents submitted with her application were carefully reviewed. The record further 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 knowingly risked a military career and marred the quality of her service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. 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. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 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. a. The applicant submitted the following additional document(s): Graduation certificate - 1 page SEIU training certificates - 2 pages b. The applicant presented the following additional contention(s): Change narrative reason for discharge on DD Form 214 (section # 28) Change RE code on DD Form 214 (Section # 27) c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 21 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, severe family matters and post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 11. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170001249 1