1. Applicant's Name: a. Application Date: 10 May 2016 b. Date Received: 16 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant seeking relief contending, in pertinent part and in effect, she did not fully understand the repercussions for underage drinking. She was 17 when she enlisted and 20 when she was discharged. She was not informed of the many available programs that would have helped her. Her chain of command misguided her and did not refer her to any alcohol abuse programs, but instead disciplined and discharged her. Since her discharge, she sought counseling. She is married and excelling in her endeavors with education-she is a member of the Phi Theta Kappa Honor Society with a 3.9 GPA. She would like to serve her country again by attending law school and become an attorney. Having such a negative narrative permanently attached to her name is detrimental to her future. Her State Senator agrees that she was wrongfully rushed into being discharged prior to being referred to any rehabilitative program. In a records review conducted at Arlington, VA on 14 July 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: 11 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 April 2012 (2) Basis for Separation: The applicant was informed of the following reasons: She received an Article 15 on 19 July 2011, for violating a lawful general regulation by wrongfully consuming alcohol while being under the legal age of 21, by wrongfully having a member of the opposite sex in her room during non-visitation hours, and for making a false official statement by saying there was no male in her room when she knew that statement was false. She received a vacation of the suspended punishment imposed by the previous Article 15, on 17 October 2011, for violating a lawful general order by having a visitor in her room during non-visitation hours. She received a counseling statement on 28 December 2011, for violating a lawful general regulation by wrongfully consuming alcohol while being under the legal age of 21. She received an Article 15 on 14 February 2012, for violating a lawful general regulation by wrongfully consuming alcohol while under the legal age of 21. She received a vacation of the suspended punishment imposed by a previous Article 15 on 29 February 2012, for failing to report for extra duty. She received a counseling statement on 26 February 2012, for failing to report to extra duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 April 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 April 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 December 2010 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25C10, Radio Operator/Maintainer / 3 years, 4 months, 18 days d. Prior Service / Characterizations: USAR (24 December 2008 to 7 July 2009) / NA IADT (8 July 2009 to 28 January 2010) / HD USAR (29 January 2010 to 8 December 2010) / NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for underage drinking and failing to be at her appointed place of duty at the prescribed time. CG Article 15, dated 19 July 2011, for violating a lawful general regulation on 24 June 2011, and failing to obey a policy letter on 24 June 2011. The punishment consisted of a reduction to E-2, and 14 days of extra duty and restriction (suspended). Record of Supplementary Action Under Article 15, UCMJ, dated 17 October 2011, vacated the punishment of 14 days of extra duty and restriction imposed on 19 July 2011, based on violating company policy letter on 1 October 2011, and making a false official statement on 1 October 2011. CG Article 15, dated 14 February 2012, for violating a lawful general regulation on 17 December 2011. The punishment consisted of a reduction to E-1, forfeiture of $347 (suspended), and 14 days of extra duty and restriction. Record of Supplementary Action Under Article 15, UCMJ, dated 29 February 2012, vacated the punishment of forfeiture of $347 imposed on 14 February 2012, based on the applicant failing to be at her appointed place of duty at the prescribed time on 26 February 2012. Report of Mental Status Evaluation, dated 29 February 2012, psychologically cleared the applicant for administrative action. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 May 2016; Phi Theta Kappa letter, dated 10 April 2016; college transcripts; certificate of marriage; social security card; and certificate of birth. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, she is excelling in her endeavors with higher education, and she is a member of the Phi Theta Kappa Honor Society with a 3.9 GPA. 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. 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, paragraph 14-12b, pattern of misconduct. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. 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 by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol and pattern of misconduct, the applicant knowingly risked a military career and marred the quality of her service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In consideration of the applicant's post-service accomplishments, the Board can find that her accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service or to change the narrative reason for her discharge. The applicant contends her chain of command misguided her and did not refer her to any alcohol abuse programs, and that she was wrongfully rushed into being discharged prior to being referred to any rehabilitative program. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self- referred to the Army Substance Abuse Program (ASAP) counseling center for assistance for her underage drinking. Further, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 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 14 July 2016, 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160009558 1