1. APPLICANT’S NAME: a. Application Date: 3 June 2014 b. Date Received: 12 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to honorable to allow the applicant to receive her educational benefits and obtain a job as a police officer. She states, in effect, she is currently living in a homeless shelter and at the time of her discharge, she was not provided the full seven-day period to submit her statement. In a records review conducted at Arlington, VA on 29 July 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (The Board member names are available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 20 August 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 August 2005 (2) Basis for Separation: The applicant was informed that the reasons were for habitually being disrespectful in nature to her superior NCOs and continuously failing to be at her appointed place of duty at the prescribed time. (3) Recommended Characterization: GD (4) Legal Consultation Date: 8 August 2005, with statement dated, 15 August 2005 (5) Administrative Separation Board: No (6) Separation Decision Date/Characterization: 18 August 2005 / GD 4. SERVICE DETAILS: a. Date/Period of Enlistment: 27 May 2003 / 6 years b. Age at Enlistment/Education/GT Score: 23 / HS Graduate / 98 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 2 months, and 24 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Germany / None f. Awards and Decorations: NDSM; GWOTSM; ASR; OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: * CG Article 15, dated 1 August 2005, for failing to be at her appointed place of duty at the prescribed time (23 June 2005), disobeying and NCO (23 June 2005), being disrespectful in language and deportment towards two NCOs (23 June 2005). The punishment consisted of a reduction to E-1, forfeiture of $288, and 14 days of extra duty. * CG Article 15, dated 13 September 2004, for failing to be at her appointed place of duty at the prescribed time (18 August 2004), and disobeying and NCO (18 August 2004). The punishment consisted of a reduction to E-2, forfeiture of $312, and 14 days of extra duty and restriction. * Summarized Article 15, dated 12 July 2004, for leaving her place of duty (27 May 2004) and disobeying an NCO (14 May 2004). Her punishment was 14 days of extra duty and restriction. * The applicant received several negative counseling statements for various acts of misconduct and nonperformance of duty. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None; however, mental health issues noted during her medical examination for separation. 5. APPLICANT-PROVIDED EVIDENCE: A self-authored statement 6. POST SERVICE ACCOMPLISHMENTS: None provided 7. REGULATORY CITATION(S): Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civil 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 civil law and time-honored customs and traditions of the Army. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending she is unable to obtain employment as a police officer and her college benefits. Her contentions include she was discriminated against due to her sexual preference. She was informed she would be able to return to service within six months. She did not receive the full seven days to submit her statement. She is currently living in a facility for homeless veterans. The record confirms the applicant’s discharge was appropriate because of the quality of her service was not consistent with the Army’s standards for acceptance 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 documented pattern of misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. She expressed a desire to have better job opportunities and the benefits of the GI Bill. Eligibility for veterans’ 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. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities or to obtain veterans’ benefits. Eligibility for housing supportive program benefits for Veterans also 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. Additionally, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. Regarding her contention of being discriminated against due to her sexual preference that may have affected her behavior, 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 prior to committing the misconduct which led to the separation action under review. Her contention about being able to return to service within six months was also considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. Regarding her contention that she was not provided the full seven days to submit her appeal, the record reflects the statement she submitted was considered and made a part of her separation file. Accordingly, this contention is without merit. In view of the foregoing, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010312 1