1. Applicant's Name: a. Application Date: 9 December 2015 b. Date Received: 17 December 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 pertinent part and in effect, her discharge was inequitable because it was based on a single incident. She had a medical issue and was waiting for doctors to work up her paperwork for a medical board when she got in trouble. Her unit then proceeded to discharge her expeditiously. She regrets her mistakes-she is making sure she has learned and improved from it. She was a good Soldier and was selected to deploy. In a records review conducted at Arlington, VA on 24 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: violated a general regulation by hiding a passenger in a compartment of her car (28 August 2014); and, stole a credit card from SGT B.L. and made charges to a value of $308.16 (16 September 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 January 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 February 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 November 2012 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92Y10, Unit Supply Specialist / 2 years, 3 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for substandard performance; being recommended for an involuntary separation; failing to report; missing movement; being detained at a gate; MP Report, dated 28 August 2014, reflects the applicant was the subject of an investigation for failing to show an ID at the ACP, failing to obey an order, concealing an individual to avoid showing ID at ACP, and conspiracy. Report of Mental Status Evaluation, dated 30 October 2014, reflects the applicant was cleared for any action deemed appropriate by her command. CG Article 15, dated 5 November 2014, for failing to go to her appointed place of duty at the prescribed time (9 September 2014) and failing to obey a lawful general regulation (28 August 2014). The punishment consisted of a reduction to E-1, forfeiture of $357, and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; memorandum, dated 12 February 2014; medical record; Medical History (pages 2 and 3); Report of Medical Assessment, dated 27 October 2014; and Physical Profile, dated 26 September 2014. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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, and the issues and documents submitted with her application were carefully reviewed. The record further 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, such that she should have been retained on Active Duty. The applicant contends the incident that caused her discharge was a single incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends she was waiting for her doctors to complete the paperwork for a medical board, perhaps an indication that she should have been medically discharged. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends she was a good Soldier. In consideration of the applicant's service accomplishments and quality of her service prior to the incident of misconduct, the Board can find that her complete period of service was or was not sufficiently mitigating to warrant an upgrade of her characterization of service. 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 24 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 AR20160000242 1