IN THE CASE OF: BOARD DATE: 8 September 2014 CASE NUMBER: AR20140011963 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony 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 characterization from general, under honorable conditions to honorable and a change to the narrative reason. 2. The applicant states, in effect, that her service connected disability was not settled. She was in the process of filing for VA compensation for injuries sustained while on active duty. The injuries took away her ability to work and she received numerous counseling statements for missing formations in which she had doctor’s notes and the doctor’s notes were not taken into consideration and it made things stressful. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 3 March 2003 d. Reason/Authority/SPD/RE: Pattern of Misconduct, Chapter 14, Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: HHC, 2d Brigade, 101st Airborne Division (Air Assault), Fort Campbell, KY f. Current Enlistment Date/Term: 1 August 2001, 3 years g. Current Enlistment Service: 1 year, 7 months, 3 days h. Total Service: 1 year, 7 months, 3 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92G10/Food Service Specialist m. GT Score: 87 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant's record shows she enlisted in the Regular Army on 1 August 2001, for a period of 3 years. She was 21 years old at the time and a high school graduate. When her discharge proceedings were initiated she was serving at Fort Campbell, KY. Her record documents no acts of valor or significant achievement. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 18 February 2003, the unit commander notified the applicant of his intent to process her for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct; specifically for: a. receiving a CG Article 15 on 4 September 2002, for failing to report on four occasions and for dereliction of duty, b. receiving CG Article 15 on 5 February 2003, for failing to report on four occasions. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of her rights. 3. The applicant’s election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 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. 4. On 20 February 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 separated on 3 March 2003, under Army Regulation 635-200, Chapter 14-12b (pattern of misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3. 6. The applicant’s record does not show any time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. CG Article 15, dated 4 September 2002, for failing to go at the time prescribed to her appointed place of duty x 4 (020408, 020409, 020422, and 020526), and dereliction of duty. (020601 to 020701). Her punishment consisted of a reduction to E-1 (suspended) and extra duty for 14 days. 2. CG Article 15, dated 5 February 2003, for failing to go at the time prescribed to her appointed place of duty x 4 (030125, 030116, 030110, and 021022). Her punishment consisted of a reduction to E-1 (suspended) and extra duty for 14 days. 3. Several negative counseling statements dated between 1 July 2002 through 26 January 2003, for failing to report, late for formation, failing to follow instructions, failing to conform, and disobeying orders. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, DD Form 214, and a memorandum from the Veterans Affairs. POST-SERVICE ACTIVITY: None provided with the 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, for pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after examining 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 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 repeated incidents of misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. The applicant’s service was marred by two CG Articles 15; for multiple 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 her service mitigated the misconduct or poor duty performance. 4. The applicant contends that her service connected disability was not settled. She was in the process of filing for VA compensation for injuries sustained while on active duty. The applicant contentions are noted; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 5. The applicant further contends the injuries took away her ability to work and she received numerous counseling statements for missing formations in which she had doctor’s notes and the doctor’s notes were not taken into consideration and it made things stressful. The service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 6. Additionally, while the applicant may believe her stress at home and work was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her stress through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. 7. The applicant also requested a change to the reason for her discharge. However, the applicant’s discharge was directed 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. 8. The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and her rights were fully protected throughout the separation process. 9. Records show the proper discharge and separation authority procedures were followed in this case. 10. 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: Personal Appearance Date: 8 September 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: None 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 RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change Other: No Change 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) AR20140011963 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1