IN THE CASE OF: Ms. BOARD DATE: 8 October 2014 CASE NUMBER: AR20140000764 ___________________________________________________________________________ Board Determination and Directed Action 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 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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, the period of her AWOL was 45 days from her ETS. Her only sibling was in a terrible car wreck. Because of her short time and having no leave days, her commander would not approve her leave request. So, she left with the intention of going home, checking on her sibling, and returning back to her unit. However, once she got home, she totaled her car followed by a string of other bad luck. She assumed she had been out-processed. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 November 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 July 2003 d. Reason/Authority/SPD/RE Code: Misconduct, AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: Alpha Detachment, 15th PSB, 3rd Personnel Group, Fort Hood, TX f. Current Enlistment Date/Term: 24 August 1998, 3 years g. Current Enlistment Service: 3 years, 1 month, 9 days h. Total Service: 5 years, 2 months, 17 days i. Time Lost: 643 days j. Previous Discharges: RA (960716-980823) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 42A10, Human Resources Specialist m. GT Score: 111 n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: ARCOM; AAM; AGCM; NDSM; ASR; OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUM MARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 16 July 1996, and reenlisted on 24 August 1998, for a period of 3 years. She was 19 years old at the time of entry and had a high school equivalency (GED). She was trained in and awarded military occupational specialty (MOS) 42A10, Human Resources Specialist. She earned an ARCOM and an AAM. Her record documents no other acts of valor or significant achievement. She completed 5 years, 2 months, and 17 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that in an undated memorandum, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense), specifically for deserting the Army for a period of over two years. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. Subsequent, on an unspecified date, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on 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 with a general, under honorable conditions discharge. 4. On 2 July 2003, 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 15 July 2003, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKQ, and an RE code of 3. 6. The applicant's record shows she was absent without leave (AWOL) during the period 3 July 2001 through 6 April 2003, for a total of 643 days time lost. She was apprehended by civil authorities and returned to military control. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 16 June 2003, for being AWOL until her apprehension (010701-030403). The punishment consisted of a reduction to the grade of E-1 and 14 days of extra duty and restriction, (FG). 2. DD Form 616, Report of Return of Absentee, dated 3 April 2003, indicates the applicant was apprehended by civil authorities and returned to military control on 3 April 2003. 3. One negative counseling statement, dated 6 May 2003, for being AWOL and subsequently being dropped from rolls. 4. DA Form 4187, Personnel Action, dated 14 April 2003, indicates the applicant’s duty status changed from Fort McPherson, GA/RMC to Fort Hood, TX/PDY, effective 7 April 2003. 5. DA Form 4187, Personnel Action, dated 14 April 2003, indicates the applicant’s duty status changed from CCA (Newnan, GA) to Fort McPherson, GA/RMC, effective 7 April 2003. 6. DA Form 4187, Personnel Action, dated 14 April 2003, indicates the applicant’s status changed from Dropped from Rolls to CCA (Newnan, GA), effective 3 April 2003. 7. DA Form 4187, Personnel Action, dated 2 August 2001, indicates the applicant’s status changed from AWOL to DFR, effective 2 August 2002. 8. DA Form 4187-E, Personnel Action, dated 9 July 2001, indicates the applicant’s duty status changed from PDY to AWOL, effective 3 July 2001. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided with her online application, her discharge orders for service under current review and the first page of her preseparation counseling checklist. POST-SERVICE ACTIVITY: The applicant provided none. 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 documents and issues submitted with the application, 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 serious incident 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 an Article 15 action for violation of the Uniform Code of Military Justice and numerous documentary evidence involving the extensive period of her AWOL incident. 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 contends that she was having family issues that involved her sibling being in a car accident, which caused her to go AWOL and ultimately caused her to be discharged. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the serious incidents of misconduct which led to the separation action under review. Further, the rationale she provided as the basis for what she believes was an unfair discharge is not supportable by the evidence contained in the record. 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, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 8 October 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA 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: 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) AR20140000764 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1