IN THE CASE OF: BOARD DATE: 26 January 2015 CASE NUMBER: AR20140017851 ___________________________________________________________________________ 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 that the applicant’s characterization of service was improper because the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. 2. Further, notwithstanding the Discussion and Recommendation on the reason for her discharge, the Board also determined that the reason for her discharge was inequitable because of the circumstances surrounding the discharge where an inappropriate Chapter, which did not meet the regulatory guidelines of serious offense, was used to separate her. 3. Accordingly, the Board directed the applicant's characterization of service be changed to Honorable and the reason for the discharge changed to Misconduct (Minor Infractions), under the provisions of paragraph 14-12a, Chapter 14, AR 635-200, with a corresponding separation (SPD) code of JGN and a reentry code of 3. 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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable and to change the narrative reason for her discharge. 2. The applicant states, in effect, she self-referred to ASAP for treatment. She was treated unfairly by her supervisors for no apparent reason. She sought help for an issue and was condemned for doing so. She was an outstanding Soldier earning an ARCOM, three AAMs, and numerous awards. Since her discharge, she attended the “fire fighting” at a college and has been involved in community activities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 3 March 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200 Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: HHC, 526th BSB, 2nd BCT, 101st Airborne Division (Air Assault), Fort Campbell, KY f. Current Enlistment Date/Term: 15 July 2008, 4 years, 20 weeks g. Current Enlistment Service: 3 years, 7 months, 19 days h. Total Service: 3 years, 7 months, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 42A10, Human Resources Specialist m. GT Score: 100 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100528-110417) q. Decorations/Awards: ARCOM; AAM-3; NDSM; ACM-CS; GWOTSM ASR; OSR; NATO MDL; VUA r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 15 July 2008, for a period of 4 years and 20 weeks. She was 21 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 42A10, Human Resources Specialist. She served in Afghanistan. She earned an ARCOM and three AAM awards. She completed 3 years, 7 months, and 19 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 17 January 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense); specifically, for the following incidents: a. making a false official statement, to wit; that she had already told SFC M that she was going to sick call, which statement was totally false and was known to her to be false (100105); b. failing to go at the time prescribed to her appointed place of duty (100113); c. disrespecting an NCO, by saying “Who are you talking to?” or words to that effect (100805); d. disobeying a lawful order to not attend any gatherings with civilian personnel (110401); e. disrespecting a superior commissioned officer x2 (110620); f. failing to go at the time prescribed to her appointed place of duty on two separate occasions (110822 and 110831); and g. making a false official statement (110831). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 19 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on her own behalf (NIF). 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 24 January 2012, 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 discharged from the Army on 3 March 2012, 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. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Army Substance Abuse Program (ASAP) Enrollment, dated 9 November 2011, indicates the applicant self-enrolled in ASAP which provides a rehabilitation agreement. 2. Article 15, dated 27 June 2011, for being disrespectful in deportment toward her 1SG on two separate occasions (110620). The punishment consisted of reduction to the grade E-3 and 14 days of extra duty (CG). 3. Summarized Article 15, dated 15 September 2010, for being disrespectful in language toward an NCO (100805). The punishment consisted of 14 days of extra duty (suspended) and an oral reprimand. 4. Several negative counseling statements, dated between 5 January 2010 and 31 August 2011, for making a false official statement to an NCO; not being at her appointed place of duty; attending an unauthorized party; being late to formations; and failing to report to her appointed place of duty at the prescribed time. 5. Report of Mental Status Evaluation, dated 10 November 2011, indicates a diagnosis of 303.90 Alcohol Dependence, V62.2 Occupation Problem, appointments with Adult Behavioral Health and ASAP, and was psychiatrically cleared for any administrative proceedings deemed appropriate by her command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a character reference letter. POST-SERVICE ACTIVITY: The applicant states, in effect, since her discharge, she attended college and has been involved in community activities. 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. After a careful review of the entire applicant’s military records, the issues and document submitted with the application, the characterization of service appears to be improper. 2. The record confirms the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." 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 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. 5. Therefore, the characterization of service being improper, recommend the Board grant relief by upgrading the applicant’s characterization to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 26 January 2015 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: Yes DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: Letter of Recommendation 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: 4 No Change: 1 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Misconduct (Minor Infractions) Change Authority for Separation: AR 635-200, Chapter 14, Paragraph 14-12a Change RE Code to: RE-Code 3 Grade Restoration to: NA Other: SPD Code to JGN 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) AR20140017851 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1