IN THE CASE OF: Ms. BOARD DATE: 25 February 2015 CASE NUMBER: AR20140003601 ___________________________________________________________________________ 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 an upgrade of her discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, her discharge was inequitable because it was based on an isolated incident during 38 months of service with no other adverse action; her discharge was inequitable because none of her prior service was considered when the discharge was initiated. She completed her corrective training and Article 15 punishment with no other disciplinary problems; the first sergeant still refused the option of rehabilitation. She desires to serve in the Army again. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 17 April 2013 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: A Battery, 1-62nd Air Defense Artillery Regiment, 69th Air Defense Artillery Brigade, Fort Hood, TX f. Current Enlistment Date/Term: 31 May 2012, 4 years g. Current Enlistment Service: 9 months, 29 days h. Total Service: 3 years, 1 month, 7 days i. Lost time: 19 days j. Previous Discharges: RA (100222-120530)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 14T10, Patriot Operator/Maintainer m. GT Score: NIF n. Education: 11 years o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: NIF/submitted by the applicant u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 22 February 2010, for a period of 3 years. She was 18 years old at the time of entry with an 11th grade education. She was trained in and awarded military occupational specialty (MOS) 14T10, Patriot Operator/Maintainer. She reenlisted on 31 May 2012, for a period of 4 years and she was 21 years old at the time. Her record shows she served a tour in Korea and earned two AAMs; and she achieved the rank of SPC/E-4. She was serving at Fort Hood, TX when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, the record does show on 28 March 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 2. The applicant submitted her election of rights indicating she consulted with legal counsel (although the election of rights shows she waived legal counsel and her right to administrative separation board, even though she was not entitled to a board), was advised of the impact of the discharge action and did not submit a statement on her own behalf. 3. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature. The DD Form 214 indicates on 17 April 2013, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3. 4. The applicant’s available record does not contain any recorded actions under the Uniform Code of Military Justice (UCMJ). 5. The applicant’s record of service indicates 19 days of time lost for being AWOL from 24 August 2012 until 29 August 2012 for six days, mode of return unknown and 4 September 2102 until 16 September 2012 for 13 days, surrendered to the unit. 6. On 9 April 2013, DA, Hqs, III Corps and Fort Hood, Fort Hood, TX, Orders Number 099-0152, discharged the applicant from the Army effective 17 April 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 099-0152, dated 9 April 2013. 2. A DD Form 214, dated 17 April 2013. 3. Two Enlistment/Reenlistment Documents, dated 22 February 2010 and 31 May 2012. 4. DA Form 4187 (Personnel Action), dated 18 September 2012, which shows the applicant’s AWOL and present for duty dates. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, an Article 15, three DA Forms 4856 (Developmental Counseling Form), election of rights, statement of events, honorable discharge certificate, oath of reenlistment, and a DA Form 638 (Recommendation of Award), two performances and a negative counseling statement, and an Article 15. 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 available military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the complete facts and circumstances concerning the events which led to her discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends her discharge was inequitable because it was based on an isolated incident during 38 months of service with no other adverse action; her discharge was inequitable because none of her prior service was considered when the discharge was initiated. There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service or as to why the applicant was discharged and whether this contention has merit. 5. Further, 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. 6. The applicant also contends she completed her corrective training and her Article 15 punishment with no other disciplinary problems; the first sergeant still refused the option of rehabilitation. AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. After reviewing the applicant’s discharge packet, the separation authority properly waived the rehabilitative requirements. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 7. The applicant desires to serve in the Army again. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 8. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 9. Therefore, based on the available evidence and the government presumption of regularity, the reason for discharge and the characterization of service were both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 25 February 2015 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) AR20140003601 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1