IN THE CASE OF: Ms. BOARD DATE: 15 December 2014 CASE NUMBER: AR20140017841 ___________________________________________________________________________ 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 an upgrade of her general, under honorable conditions discharge to honorable and a change to her reentry code. 2. The applicant states, in effect, she was discharged from the military for a pattern of misconduct. She contends the discharge was based on her receiving an excessive amounts of speeding tickets. She states she never received any formal punishment under the UCMJ as a validation of the speeding tickets because it was considered double jeopardy. She states she was told six months after her separation she could appeal to have her discharge upgraded to honorable. She believes her service was honorable and did not know the speeding tickets would have such an impact on her five year military career. She was not ready for her journey to end and would like an opportunity to serve again. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 23 April 2013 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: 60th Engineer Company, Fort Benning, GA f. Current Enlistment Date/Term: 30 October 2009/4 years g. Current Enlistment Service: 3 years, 5 months, 24 days h. Total Service: 6 years, 11 days i. Time Lost: None j. Previous Discharges: DEP, 070413-070424, NA RA, 07045-091029, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 91 n. Education: GED o. Overseas Service: Kuwait, (090508-100207) p. Combat Service: None q. Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, ASR, OSR r. Administrative Separation Board: None s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 25 April 2007, for a period of 6 years. She was 21 years old at the time of entry and had a General Equivalency Diploma (GED). She reenlisted on 30 October 2009, for a period of 4 years. She served in Kuwait and earned an AAM. She completed 6 years and 11 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Benning, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 6 March 2013, 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: a. failing to report to her appointed place of duty on three occasions (120309, 120601, and 120608), b. being delinquent for three months on her rent and for writing a check without sufficient funds (120601), c. driving with a suspended license (120716), being arrested for driving with a suspended license and excessive speeding (121207), d. being informed that action would be initiated for separation (1301). 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 14 March 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted four letters of support in her own behalf. 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 an unknown date, the separation 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 23 April 2013, under Army Regulation 635-200, Chapter 14-12b, 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 contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Several negative counseling statements, dated between 9 March 2012 and 24 January 2013, for failure to report, failure to obey an order or regulation, assault, larceny, writing a check without sufficient funds, driving under suspended license (DUS), being arrested for driving under suspended license, command referral for mental health evaluation, intent to separate under AR 635-200, Chapter 14, and missed appointments and formations. 2. DA Form 3822 (Report of Mental Status Evaluation), dated 17 January 2013, reflects the applicant had no obvious impairments, could appreciate the difference between right and wrong, and had no psychiatric, personality, or medical diagnoses. She screened negatively for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (mTBI). However, the applicant was experiencing some symptoms of depression secondary to the discharge process and impending loss of her military career. 3. A MP Report, dated 7 December 2012, reflects the applicant was the subject of an investigation for driving under suspended license (failure to pay) (fourth offense), excessive speeding and expired registration. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD 293, dated 14 October 2014, a DD Form 214, and three letters of support. 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 14-12b, 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 change to the reentry code was carefully considered. However, after examining the applicant’s record of service, her military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the reentry code. 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 several negative counseling statements. 3. 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 is 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. 4. 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. 5. The applicant contends the discharge was based on her receiving an excessive amount of speeding tickets. However, the evidence of record indicates the applicant was notified that she would be separated from the military for having an excessive amount of speeding tickets, as well as, other multiple violations such as, failing to report on multiple occasions, being arrested for driving on a suspended license, and writing a check with insufficient funds. 6. The applicant contends she was told her discharge would be upgraded to honorable after six months. 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. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. 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: 15 December 2014 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) AR20140017841 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1