IN THE CASE OF: Ms. BOARD DATE: 21 October 2014 CASE NUMBER: AR20140013188 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable and a change to her re-entry (RE) code. 2. The applicant states, in effect, she believes her discharge was unjust because the only disciplinary action she received was for adultery-getting pregnant before she was divorced. She states she had opted to get out of the military due to her pregnancy before non-judicial punishment was imposed. She states her chain of command conducted the pregnancy counseling and then stated she went AWOL. She contends she never received an Article 15 but was discharged for a pattern of misconduct instead of being AWOL. She states she accepted the punishment of a reduction in rank for committing adultery. She contends she would still like to serve in the Army. She attests that at the time she was not in her right mind, she was pregnant, sick and back and forth in the hospital. She states she did not realize what her reason for discharge was until she contacted a recruiter to reenter the military. She states she was a great Soldier and did her best. She is just asking for another chance to serve in the Army the right way. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 25July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 11 June 2010 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: 32nd Transportation Company, Fort Carson, CO f. Current Enlistment Date/Term: 19 October 2009/6 years g. Current Enlistment Service: 2 years, 7 months, 23 days h. Total Service: 2 years, 10 months, 18 days i. Time Lost: 5 days j. Previous Discharges: RA, 070719-091018, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 91 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (090916-100124) q. Decorations/Awards: ACM-CS, NDSM, GWOTSM, ASR, OSR, NATO MDL r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 19 July 2007, for a period of 3 years and 18 weeks. She was 21 years old at the time of entry and a high school graduate. She reenlisted in the Army on 19 October 2009, for a period of 6 years. She served in Afghanistan. She did not earn any awards based on acts of valor or achievement. She completed 2 years, 10 months, 18 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Carson, Colorado. SEPARATION FACTS AND CIRCUMSTANCES: 1. On an unknown date, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for having intimate relations with a man not her husband (091101), being AWOL from 8 April 2010 until 12 April 2010, and failing to obey a lawful order on multiple occasions from 26 May 2009 through 8 April 2010. 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 12 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in her own behalf. The record is void of the applicant’s rebuttal statement. 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 20 May 2010, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 11 June 2010, under Army Regulation 635-200, Chapter 14-12b, by reason of a 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 of service indicates five days of time lost for being AWOL from 8 April 2010 until her return on 12 April 2010. She returned to her unit. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Three negative counseling statements, dated between 19 May 2009 and 12 April 2010, for adultery, inappropriate behavior, being AWOL, and having an inappropriate relationship with an NCO. 2. Article 15, dated 25 March 2010, for wrongfully having intimate relations with a man, not her husband. The punishment consisted of reduction to the grade of E-1 and extra duty for 7 days (FG). 3. Article 15, dated 18 June 2009, for disobeying a lawful order (090526). The punishment consisted of a reduction to the grade of E-2 (suspended) and extra duty for 7 days (CG). 4. DA Form 3822 (Report of Mental Status Evaluation), dated 28 April 2010, reflects the applicant had a clear and normal thought process, was mentally responsible and could distinguish right from wrong. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 9 June 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 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, for a 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 and RE code 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 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 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 two CG Article 15s and three 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 her chain of command discharged her for a pattern of misconduct when it was suppose to be for her being AWOL. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. Further, the applicant was notified of the specific reasons for her discharge. 5. The applicant desires to rejoin the Military Service. However, 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 are 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. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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: 21 October 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: No DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted no additional documents or issues. 2. In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. 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) AR20140013188 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1