Applicant Name: ????? Application Receipt Date: 2011/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that when she was counseled by her commander she was told she would be discharged under chapter 5-8 for not having a proper family care plan. It was not until she went to her discharge briefing that she was told it was categorized as misconduct. Her unit was deploying and there was a change in command which made the situation hectic. She feels that she did not receive a fair chance in the situation. She heard about the 911 GI Bill, she applied and was approved. A year later she was notified that after review she was no longer eligible and had to repay all the funds provided to her and the college. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 030519 Discharge Received: Date: 030625 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 13th Chemical Company, 2d Chemical Battalion, 13th Corps Support Command, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 020813, failed to obey a lawful order by not physically signing in from leave, (020611); without authority failed to go to the time prescribed to her place of duty, 0700 PT formation (020712); without authority failed to go to the time prescribed to her place of duty, (020715); reduction to E-2, suspended, to be automatically remitted if not vacated before (031110), forfeiture of $289.00, suspended, to be automatically remitted if not vacated before (021110); and extra duty for 14 days, (CG). 030329, without authority failed to go to the time prescribed to her place of duty, 0630 PT formation, (030318); without authority failed to go to the time prescribed to her place of duty, 1700 Staff Duty Building 16001, (030318); without authority failed to go to the time prescribed to her place of duty, 2100 Staff Duty Building 16001, (030318); disobeyed a lawful order received from K.M., to report to building 3903 and sign in at the CQ desk with SDNCO every two hours from 1700-2200 for a period of two weeks; did treat with disrespect K.M., by saying to him “I do not care,” and “chain of command must do what they have to do as far as counseling me and rehabilitative training,” (030319); reduction to E-2, forfeiture of $301.00 pay per month for one month, extra duty for 14 days, (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 000707 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 11 Mos, 19 Days ????? Total Service: 2 Yrs, 11 Mos, 19 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Specialist GT: 99 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Tamarac, FL Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 May 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for patterns of misconduct, for failing to report six times and receiving two Company Grade Article 15's with a general, under honorable conditions discharge. She was advised of her rights. On 19 May 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in her own behalf. 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 of the separation with a general, under honorable conditions discharge. On 3 June 2003, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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 absence 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. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s available military records, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined 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. By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. 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 analyst noted the applicant's contention that she believed she was going to be discharged under the provisions of chapter 5-8 for failing to have a family care plan; however, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that the narrative reason for her discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct ", and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The analys noted the applicant's issue that she did not receive a fair chance; however, before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation. The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. The applicant's issue concerning the GI Bill was noted; however, the issue the applicant has raised, does not fall within the purview of this Board. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance in resolving her issue. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 January 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, list of total debt owed, request for records and a DD Form 214 VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110013845 ______________________________________________________________________________ Page 1 of 4 pages