IN THE CASE OF: BOARD DATE: 12 January 2015 CASE NUMBER: AR20140017274 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 characterization of service was too harsh based on the overall length and quality of the applicant's service, to include her two combat tours, and the medical circumstances surrounding the discharge (i.e., the record shows the applicant underwent a Medical Evaluation Board which diagnosed the applicant with chronic PTSD and a major depressive disorder; the applicant was referred to a Physical Evaluation Board for further adjudication), and as a result it is inequitable. 2. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was both proper and equitable, and voted not to change it 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. 2. The applicant states, in effect, the charges in her separation packet by civilian authorities were dropped. She served more than 16 years and was not involved in any incidents with military or civilian authorities. She was going through the Medical Board Evaluation (MEB) process, and she was separated prior to a fit for duty evaluation being completed by the Physical Exam Board (PEB) as noted in AR 635-40, paragraph 4-17. Her MEB packet was not forwarded to PEB for a proper evaluation for continued services. She would like to be reinstated to complete the MEB/PEB process according to regulations. She was disabled in December 2012, and should have been granted either temporary or permanent disability leave by the Army. She desires to receive full medical retirement. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 May 2013 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c JKQ, RE-3 e. Unit of assignment: HHC, 123rd Brigade Support Battalion, 4th Armored Brigade Combat Team, 1st Armored Division, Fort Bliss, TX f. Enlistment Date/Term: 23 November 2010, NIF g. Current Enlistment Service: 2 years, 5 months, 27 days h. Total Service: 17 years, 8 months, 20 days i. Time Lost: None j. Previous Discharges: RA (950831-991201)/HD RA (991202-030410)/HD RA 030411-071108)/HD RA (071109-101122)/HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 68K20, Medical Laboratory Specialist/ 68W20, Health Care Specialist m. GT Score: 114 n. Education: College Graduate o. Overseas Service: Germany, Nicaragua, Bosnia, Southwest Asia p. Combat Service: Bosnia/Herzegovina (980704-981004) and Iraq (110805-111212) q. Decorations/Awards: ARCOM-3, AAM-4, AGCM-5, NDSM, AFEM ICM-W/CS, GWOTSM, AFSM, HSM, MOVSM NPDR-3, ASR, OSR-2, NATO MDL, JMUA r. Administrative Separation Board: Yes s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 31 August 1995, for a period of 6 years. She was 24 years old at the time of entry and had three years of college. She was trained in and awarded military occupational specialty (MOS) 68W20, Health Care Specialist. She reenlisted on 2 December 1999 for four years and was 29 years old at the time. She reenlisted on 11 April 2003, for a period of 6 years and was 33 years old. She subsequently trained in and was awarded (MOS) 68K20, Medical Laboratory Specialist. Her last enlistment was on 23 November 2010, the period of service is not in the file and she was 40 years old. Her record also shows she served two combat tours, earned several awards including three ARCOMs, four AAMs, five AGCMs; and she achieved the rank of SSG/E-6. She was serving at Fort Bliss, TX, when her discharge proceedings were initiated. SEPARATION FACTS AND CIRCUMSTANCES 1. The record shows that on 19 February 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of a serious offense; specifically, for wrongfully violating a court appointed protective order placed on her by the city of EI Paso. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of her rights. 3. On 20 February 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an appearance before and administrative separation board, and did not submit a statement on her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate and senior commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. On 27 March 2013, the applicant was notified to appear before an administrative separation board and advised of her rights. 5. On 19 April 2013, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. On 10 May 2013, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. Also, the separation authority reviewed both the administrative separation file and the medical evaluation board results and directed her case be processed for administration separation. He found neither the medical conditions were a direct or substantial contributing cause of the conduct that led to her recommended administrative separation, nor did the circumstances of her case warrant disability processing instead of further processing for administrative separation. 7. The applicant was discharged from the Army on 20 May 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and a 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. A FG Article 15, dated 6 February 2013, for willfully disobeying a lawful order from CPT M, by wrongfully visiting the residence of Mr. Y without proper authority and violating a no contact order x 2 (121225 and 130123). The punishment imposed consisted of a reduction to E-5. 2. Two successful NCOERs covering the periods 1 June 2010 through 30 May 2012. 3. Numerous medical documents for various medical conditions. 4. A copy of the Court Order, 383rd Judicial District Court, El Paso, TX, dated 14 January 2013, indicating the applicant was the respondent in the protective order. 5. Medical Evaluation Board Proceedings and documentation, dated 27 March 2013, indicating the applicant did not meet retention standards due to chronic Post Traumatic Stress Disorder (PTSD) and a major depressive disorder. 6. The administrative separation board proceedings, dated 19 April 2013, indicating the board recommended the applicant’s separation with a general, under honorable conditions discharge. 7. Numerous negative counseling statements covering the period 23 October 2012 through 8 February 2013, for having a no contact order, violating a no contact order, disrespect to a NCO, removing her from the elementary partners in an education program, recommendation for UCMJ, a negative sworn statement, counseling from her chain of command about communication, informing her about recommendation for a chapter, and revoking her security clearance. 8. DA Form (Report of Mental Status Evaluation), dated 5 February 2013, indicates the applicant had a positive score for PTSD, and a P3 profile. She was cleared for administrative separation as recommended by her command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (seven pages), and a letter, Social Security Administration, Office of Disability Adjudication Review (14 pages). 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 her characterization of service was carefully considered. 2. After examining the applicant’s record of service, her military records, the documents and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Overall length and quality of the applicant’s service: The applicant served 2 years, 5 month, and 27 days of her last contract. At the time of her discharge, the applicant had completed 17 years, 8 months, and 20 days of active service, thus the preponderance of her service was honorable. b. The record confirms she received three ARCOMs, four AAMs, and five AGCMs. c. The record also confirms the applicant served two combat tours, one in Bosnia/Herzegovina and the other in Iraq. d. Medical circumstances surrounding the discharge (i.e., the record shows the applicant underwent a Medical Evaluation Board (MEB), which diagnosed the applicant with chronic PTSD and a major depressive disorder; the applicant was referred to a Physical Evaluation Board, PEB for further adjudication). 3. This recommendation was made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh and as a result, it is inequitable. 4. Regarding the applicant’s request to be reinstated to complete the MEB/PEB process, being granted either temporary or permanent disability leave or receiving a full medical retirement does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 5. In view of the foregoing, the analyst recommends the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 12 January 2015 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Witness/Observer: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. Reply from Senator G. (2 pages) b. Copy of PEB submission (2 pages) 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change RE Code to: No Change Grade Restoration to: No Change Change Authority for Separation: 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) AR20140017274 Page 2 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1