1. Applicant's Name: a. Application Date: 16 August 2015 b. Date Received: 10 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge has prohibited her from reentering the military and inhibits her from mentoring young military candidates and veteran's opportunities. She contends that she has gained a lot over her 10 years as a veteran and asks that her ignorance from 10 years ago be reviewed with consideration of the person she has become and continues to excel into. In a records review conducted at Arlington, VA on 10 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 April 2007 (2) Basis for Separation: The applicant was informed of the following reasons: received nonjudicial punishment for an assault on PV2 W. (7 March 2007); disrespect to a NCO, disobeyed a commissioned officer, and disrespect towards a commissioned officer; violated a no contract order issued by CPT T.B., which resulted in the assault; and, received numerous counselings, between 22 February and 6 March 2007, for failing to be at her appointed place of duty (i.e. PT/accountability formation and work call). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 April 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2006 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 1 year, 10 months, 6 days d. Prior Service / Characterizations: USAR, 24 June 2005 to 29 March 2006 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 16 December 2006, reflects the applicant was the subject of an investigation for simple assault- consummated by a battery, disobeying a lawful order of a commissioned officer, and disrespect to a superior NCO/PO. FG Article 15, dated 5 March 2007, for unlawfully striking PV2 C.J.W. on the face with an open hand, being disrespectful towards a commissioned officer, being disrespectful in language and deportment towards a noncommissioned officer, and disobeying a lawful command from a commissioned officer all on 16 December 2006. The punishment consisted of reduction to E-1 and 30 days extra duty. Report of Mental Status Evaluation, dated 15 March 2007, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: 3 days (AWOL, 20 to 21 February 2007, 5 to 6 March 2007, and 7 to 8 March 2007) / NIF Six Personnel Action Forms that reflect the applicant's duty status changed as follows: From Present for Duty (PDY) to Absent Without Leave (AWOL), effective 20 February 2007 From AWOL to PDY, effective 21 February 2007 From PDY to AWOL, effective 5 March 2007 From AWOL to PDY, effective 6 March 2007 From PDY to AWOL, effective 7 March 2007 From AWOL to PDY, effective 8 March 2007 j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and two letters of recommendation. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is attending classes at Brown Mackie College-Louisville for Nursing. 7. REGULATORY CITATION(S): 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. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the documents and the issues submitted with the application were carefully reviewed. 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. 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, The applicant's contentions regarding her discharge prohibiting her from reentering the military and inhibiting her from mentoring young military candidates and veteran's opportunities were noted. 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. 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. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017356 1