1. Applicant's Name: a. Application Date: 11 July 2017 b. Date Received: 31 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that the applicant apologizes for the misconduct and admits that the applicant has made mistakes but they were not mistakes alone, they came with thinking about oneself and not others. The applicant didn't think about how the superior would feel knowing the applicant had some of the best leadership. In a records review conducted at Arlington, VA on 21 February 2020, 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for being counseled and made aware of the standards and expectation of Soldiers and members of her unit 11 February 2013; For routinely violating the Uniform Code of Military Justice and having been counseled approximately ten time on those violations and given every opportunity by her Chain of Command to rectify the behavior between 7 March 2013 and 19 July 2013, which noted five violations of Article 86, two violations of Article 91, two violations of Article 107, and three violations of Article 92, of UCMJ; and For having received a Field Grade Article 15 during this timeframe, and having violated the terms of her punishment by breaking her restriction, which led to the vacation of the suspended portion of her punishment. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 November 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 April 2012 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 1 year, 8 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 5 May 2013, which shows the applicant disobeyed a lawful order by failing to obey an order by wrongfully having a visitor in her room after authorized visitations hours on 13 May 2013, wrongfully altered a Prescription Information Sheet on 20 December 2012, by writing the following words and figures, "Restrictions include: Soldier is not to perform 24 hour duty, standing no more than 3 hours if carrying 50 pounds or more until medication is completed as of 25 April 2013", wrongfully alter an Emergency Room Discharge Sheet 2 April 2013, by writing the following words and figures "SN: Take 1-2 days from duty for proper recovery and medication side effects. Also follow up with primary health care provider within 3 days", falsely made in its entirety the signature of G.B., 20 December 2012, and falsely made in its entirety the signature of B.S., 2 April 2013. The punishment consisted of reduction to E-1 (suspended) forfeiture of $758 pay for two months (one month suspended), and extra duty and restriction for 45 days. Record of Supplementary Action under Article 15, UCMJ, dated 19 July 2013, reflects the suspended portion of the punishment was vacated because the applicant failed to go at the time prescribed to her appointed place of duty x2 on 24 June 2013. Report of Mental Status Evaluation, dated 25 September 2013, which shows the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. It was noted that there was no evidence of mental defect emotional illness or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and a self-authored statement. 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 14-12b 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 issues and documents submitted with her 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 that she apologizes for her misconduct and admits that she has made mistakes but they were not mistakes alone, they came with thinking about herself and not others. She didn't think about how her superior would feel knowing she had some of the best leadership. The applicant's contentions were noted; however, 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 21 February 2020, 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 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 AR20170014339 1