1. Applicant’s Name: a. Application Date: 17 November 2015 b. Date Received: 23 November 2015 c. Counsel: Yes 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, she would like an upgrade of her discharge for the purpose of closing that chapter of her life and putting it away for good. The applicant contends she deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom which span from 2004-2007. Being in a hostile environment was challenging in itself. Having the constant fear that someone didn’t want you in their country and knowing they would kill you if they got the opportunity was not settling. Being a female Soldier deployed in a hostile environment, she was under grave duress. She worked in Postal Operation on both deployment. She contends she joined the Army fresh out of high school at the tender age of 19. Six months after her initial duty station at (Fort Bragg) she was deployed to Iraq. She admits being in a hostile environment, cause tensions to flare, things were on an elevated status, so were personalities and interactions. She was deployed with an Army Reserve unit which had no prior combat experience and she believed coming from an active duty unit which had previous experience in a combat zone made her deployment problematic. As a stern female in a predominantly male unit, with those in authority being males, was also problematic. She contends since her discharge she has grown as an adult, she has lived a respectful, law abiding, and impressionable life, which has impacted those in a positive light. Evidence in the record shows that the applicant had a prior records review on 26 August 2009. In a records review conducted at Arlington, VA on 11 July 2016, 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: 4 January 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 November 2007 (2) Basis for Separation: The applicant was informed of the following reasons: receiving a Company Grade Article 15 on 15 February 2006, for failing to obey a noncommissioned officer, Receiving a Company Grade Article 15 on 13 June 2007, for being disrespectful in language and deportment towards an noncommissioned officer, Receiving a Field Grade article 15 on 14 September 2007, for failing to obey a superior noncommissioned officer and also making a false official statement, and Failing to obey a noncommissioned officer during physical fitness training; violating the MNC-1 weapons policy by not having her weapon with her at the MWR; and failing to report to her appointed place of duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 November 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 6 December 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 June 2004 / 3 years and 2 months b. Age at Enlistment/Education/GT Score: 19 years / HS Graduate / 110 c. Highest Grade Achieved/MOS/Total Service: E-4 / 42A10, Human Resource Specialist / 4 years, 5 months, and 21 days d. Prior Service/Characterizations: USAR-28 October 2002 – 13 July 2003 / NA ADT-14 July 2003 – 1 November 2003 / UNC USAR-2 November – 21 June 2004 / NIF e. Overseas Service/Combat Service: SWA / Iraq (30 December 2004 – 30 December 2005 and 28 September 2006 – 29 September 2007) f. Awards and Decorations: ARCOM-2, MUC, NDSM, GWOTSM, ICM-2, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 15 February 2006, for disobeying a lawful order from a noncommissioned officer on 27 January 2006. The punishment consisted of reduction to E-3 (suspended), forfeiture of $250.00 for one month, and 14 days of extra duty and restriction. CG Article 15, dated 13 June 2007, for being disrespectful in language and deportment to a noncommissioned officer on 22 May 2007. The punishment consisted of forfeiture of $200.00 for one month, and 14 days of extra duty. FG Article 15, dated 14 September 2007, for failure to obey a superior noncommissioned officer and making a false official statement on 6 September 2007. The punishment consisted of reduction to E-1 and 45 days of extra duty. Several DA Form 4856’s (General Counseling Form’s) dated between 30 January 2006 and 7 September 2007, for his duty performance, non-recommendation for promotion, failure to report, failure to achieve a passing score on the weapons qualification range, expected duty performance, failing the APFT, failure to obey an order from a noncommissioned officer, failure to have her weapon, failure to be at her appointed place of duty, lack of initiative, failure to obey a lawful order and follow procedures, disrespect to a noncommissioned officer, insubordination, and lying to a senior noncommissioned officer. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822-R (Report of Mental Status Evaluation), dated 5 November 2007, indicates the applicant was mentally responsible for her behavior, could distinguish right from wrong, and possessed sufficient mental capacity. There was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by her command. 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293; several character reference letters; achievement award; community outreach letter; certificates of training; certificate of promotion; and DD Form 214, dated 4 January 2008. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 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, such that she should have been retained on active duty. The applicant seeks relief contending, in effect, she would like an upgrade of her discharge for the purpose of closing that chapter of her life and putting it away for good and that she has grown as an adult, lives a respectful law abiding, and impressionable life, which has impacted those in a positive light. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application; the applicant is to be commended on her post service accomplishments. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: 1. Letters of Character – 4 pages 2. Training Certificates/Transcripts – 13 pages 3. Marathon Certificate – 2 pages 4. Boys and Girls Club – 1 page 5. Performance Awards – 8 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 July 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018740 5