1. Applicant's Name: a. Application Date: 10 May 2018 b. Date Received: 2 February 2018 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, in February 2005, she was injured by PVT J., which resulted in two broken vertebrae, but she had no visible bone scaring at the time. Over the next few weeks, the applicant reported her battle buddy for having drugs shipped in and doctored the applicant's doctor's note, so the applicant could join in March, which she had been anticipating for months. The applicant states she came home under the full impression that she had six months. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Major Depression. The VA has also diagnosed the applicant with Unspecified Mood Disorder. The applicant is non service connected. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 18 November 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: Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 March 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2005 (2) Basis for Separation: The applicant was informed of the following reasons: On 10 December 2004, she received a Company Grade Article 15 for being disrespectful toward a noncommissioned officer, for disobeying a noncommissioned officer, and for dereliction of duty on two separate occasions. On 3 February 2005, she received a Company Grade Article 15 for failing to be at her appointed place of duty, for wrongfully consuming an alcoholic product on two separate occasions, and for wrongfully having a belly ring while in uniform. On 17 February 2005, she received a Company Grade Article 15 for altering an official document. She also received numerous other counseling for misconduct that was prejudicial to good order and military discipline. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 4 March 2005, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 March 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 August 2004 / 3 years b. Age at Enlistment / Education / GT Score: 19 / GED / 113 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 December 2004, for disrespectful deportment toward a NCO (10 November 2004); failure to obey a lawful order to spit out her gum (22 November 2004); and, derelict in the performance of her duty by failing to abide by the contraband policy (18 and 22 November 2004). The punishment consisted of a forfeiture of $278 pay; and, extra duty and restriction for 14 days. CG Article 15, dated 5 February 2005, for failing to go at the time prescribed to her appointed place of duty (16 January 2005); failing to obey a lawful order by wrongfully consuming an alcoholic product (16 and 24 January 2005); and, failing to obey a lawful order by wrongfully having a belly ring while in uniform (16 January 2005). The punishment consisted of a forfeiture of $288 pay; and, extra duty and restriction for 14 days. CG Article 15, dated 17 February 2005, for altering a Sick Slip (15 February 2005). The punishment consisted of a forfeiture of $288 pay; and, extra duty and restriction for 14 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 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 contends she could 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 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, Narrative Reason for Separation as Misconduct. The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12b. Soldiers processed for misconduct under this provisions will be assigned a Narrative Reason for Separation as Pattern of Misconduct. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 18 November 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 / 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 AR20180008041 1