IN THE CASE OF: BOARD DATE: 10 July 2015 CASE NUMBER: AR20140007602 ___________________________________________________________________________ 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 explains the reason for her discharge. In pertinent part and in effect, she states she understands she did the wrong thing and would not allow herself to be in the same situation again. She was reduced in rank because of disciplining her son. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 February 2014 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14- 12b, JKA, RE-3 e. Unit of assignment: HHB, Field Artillery Sqdn (Rear), 2nd Cavalry Regiment (Rear), Vilseck, Germany f. Current Enlistment Date/Term: 15 October 2009, 3 years g. Current Enlistment Service: 4 years, 3 months, 28 days h. Total Service: 8 years, 5 months, 19 days i. Time Lost: None j. Previous Discharges: RA (050824-091014) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 74D10, Chemical Operations Specialist m. GT Score: 94 n. Education: HS Graduate o. Overseas Service: Germany, SWA p. Combat Service: Iraq (070810-081027) q. Decorations/Awards: ARCOM; AAM; AGCM-2; NDSM; ICM-2CS; GWOTSM; NPDR; ASR; OSR-2 r. Administrative Separation Board: Yes s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 24 August 2004, and reenlisted on 15 October 2009, for a period of 3 years. She was 19 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 74D10, Chemical Operations Specialist. She served in Germany and Iraq. She earned an ARCOM and an AAM. She completed 8 years, 5 months and 19 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows on 18 November 2013 (as acknowledged by the applicant), the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct, specifically for the following offenses: a. making a false official statement (130326), about an inappropriate relationship between her and a married Soldier (121101-121130); b. being suspected of a child abuse and/or neglect (130423); and c. committing an assault on a child under the age of 16, to wit: her son. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 19 November 2013, the applicant consulted with legal counsel and elected consideration of her case by an administrative separation board. The applicant elected to submit a statement on her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 17 December 2013, the applicant was notified to appear before an administrative separation board and advised of her rights. 5. On 10 January 2014, the administrative separation board convened and the applicant appeared with her counsel. The board recommended the applicant’s discharge with characterization of service of general, under honorable conditions. 6. On 22 January 2014, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. The applicant was discharged from the Army on 12 February 2014, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA, and an RE code of 3. 8. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 2 May 2013, for making a false official statement (130326) and wrongfully having sexual intercourse with a married man not her husband (121101-121130). The punishment consisted of a reduction to the grade of E-4, forfeiture of $1,201 (suspended), and 45 days of restriction, (FG). 2. Three negative counseling statements, dated between 27 March 2013 and 17 July 2003, for being informed of the commander’s decision to initiate an involuntary separation; receiving an Article 15; making a false official statement to an investigating officer and a commissioned officer; assaulting a minor; and failing to be at her appointed place of duty at the prescribed time. 3. A CID Report, dated 2 June 2013, indicates the applicant was the subject of an investigation for assault consummated by a battery on a child and child abuse. 4. Four NCOERs rendered during period under current review: a. An “Annual” report covering the period of 8 February 2012 to 7 February 2013. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. b. An “Annual” report covering the period of 8 February 2011 to 7 February 2012. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. c. An “Annual” report covering the period of 8 February 2010 to 7 February 2011. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. d. A “Change of Rater” report covering the period of 1 September 2009 to 7 February 2010. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. 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 issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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. By the pattern 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 violations of the Uniform Code of Military Justice and several negative counseling statements. 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 and work issues that affected her behavior 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 misconduct which led to the separation action under review. 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: 10 July 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) AR20140007602 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1