Mr. Carl W. S. Chun | Director | |
Mr. G. E. Vandenberg | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Ms. Karen A. Heinz | Member | |
Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That the narrative reason for her discharge be changed and that her discharge be upgraded to honorable.
APPLICANT STATES: In effect, that she was depressed due to personal issues, that she had been in counseling for two years and still could not adjust.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 13 October 1997 at age 17. She completed training with award of the military occupational specialty (MOS) 91Q (Pharmacy Specialist).
There is no evidence of any problems in her record until she received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for dereliction of duty and assault on 26 January 2000.
On 18 February 2000, she received NJP for absence from her appointed place of duty.
She received a third NJP, on 22 June 2000, for absence from her appointed place of duty, signing a false official document; possession, with intent to deceive, of another's military identification card; use with intent to deceive, of another's military identification card, and use of a false military identification card.
On 23 October 2000, her unit commander notified the applicant of initiation of separation actions under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct. She was advised of her rights and after consulting military counsel, waived consideration of her case by an administrative separation board contingent upon receiving not less than a general discharge. She did not submit a statement on her own behalf.
On 20 November 2000, the discharge authority accepted the recommendation for discharge, waived further rehabilitative efforts and directed that she be discharged with a characterization of service of general under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12B, for a pattern of misconduct.
The applicant was discharged on 1 December 2000 with 3 years, 1 month and 16 days of creditable service.
On 28 June 2002, the Army Discharge Review Board, by unanimous decision, voted not to afford the applicant any relief.
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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
CASE ID | AR2002075260 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020730 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 144.00 |
2. | |
3. | |
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