IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100007573 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the following corrections on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2003:

* Item 1 (Name-Last, First, Middle) – correct the spelling of her first name 
* Item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) – be corrected to show she was promoted to sergeant (SGT), E-5
* Item 14 (Military Education) – be corrected to show she completed 13 weeks of training in the automated logistics specialist course 
* Item 19a (Mailing Address After Separation) – be corrected to show a different address 
* Item 24 (Character of Service) – upgrade her general discharge to fully honorable

2.  The applicant states the following:

* Her paperwork, DD Form 214, and promotion were not an equal reflection of her character
* Her first name is misspelled 
* She completed 13 weeks of military education for an automated logistics specialist position
* She has never lived at that address 



3.  The applicant provides the following documents in support of her application:

* DD Form 214 for the period ending 30 September 2003
* 11 letters of support
* 35 pages of journal entries
* 11 letters of complaint
* 5 pages of counseling statements 
* Medical documents

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Illinois Army National Guard on 3 April 2001.  Her enlistment contract is not available.  

2.  The applicant was ordered to active duty for training (ADT) on 22 January 2002 and was released from ADT on 2 July 2002.  Her 2 July 2002 DD Form 214 shows the following entries:  

* Item 1 - the spelling of her first name as “Ashley”
* Items 4a and 4b - her rank and pay grade as private, E-2
* Item 7b (Home of Record) - her home of record as Chicago, IL
* Item 14 - she completed 12 weeks of training in the automated logistical specialist course in July 2002
* Item 19a – shows mailing address in Chicago, IL

3.  She was promoted to specialist (SPC) on 3 October 2002.  

4.  The applicant was ordered to active duty on 3 February 2003 in support of Operation Enduring Freedom.  She had taken a urinalysis test on 1 February 2003 and tested positive for cocaine.   

5.  On 26 June 2003, the unit commander notified the applicant of separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c(2), for misconduct (commission of a serious offense - abuse of illegal drugs).  She was advised of her rights.  

6.  The applicant acknowledged notification of separation action, consulted with legal counsel, and did not submit statements in her own behalf.  

7.  In August 2003, the applicant received counseling for not properly signing in and out of her unit, leaving her unit without authorization, and for not informing her chain of command.  

8.  The separation authority waived rehabilitation requirements and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct (commission of a serious offense - abuse of illegal drugs) with the issuance of a General Discharge Certificate.

9.  On 30 September 2003, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct (commission of a serious offense - abuse of illegal drugs.  She completed 7 months and 28 days of active military service during this period.  

10.  Her 30 September 2003 DD Form 214 shows the following entries:

* Item 1 - the spelling of her first name as “Ashely”
* Items 4a and 4b - her rank and pay grade as SPC, E-4
* Item 7b - her HOR as Carpentersville, IL  
* Item 14 - the entry “NONE//NOTHING FOLLOWS
* Item 19a - the mailing address in Carpentersville, IL

11.  Her service personnel records do not show she was promoted to SGT prior to her discharge from active duty on 30 September 2003.  

12.  Orders 297-102, dated 24 October 2003, discharged the applicant from the Army National Guard as a SPC.  These orders show the spelling of her first name as “Ashely.”  Her home of record is shown as an address in Chicago, IL.  

13.  Her Army National Guard Retirement Points History Statement shows the spelling of her first name as “Ashely.”  This statement also shows her highest grade held was E-4 and her mailing address as an address in Chicago, IL.  

14.  The applicant’s service personnel documents on IPERMS [Personnel Electronic Records Management System] show the spelling of her first name as “Ashley” and “Ashely.”  

15.  On 2 November 2005, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge.

16.  According to the address information on the applicant’s application to the Board, she is currently residing in Chicago, IL.  



17.  The 11 supporting statements submitted by the applicant speak highly of her professionalism and reliability.  The statements submitted by Soldiers during her service in the military recalled the applicant's ability to perform her duties.  

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

19.  Army Regulation 635-5, states, in pertinent part, that the grade in which enlisted personnel were serving at the time of separation would be entered in item 4a and the pay grade will be entered in item 4b.

20.  Army Regulation 635-5 states that item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.  

21.  Army Regulation 635-5 states the instructions for preparing items 19a and 19b state that the information will be provided by the Soldier.  The mailing address must be a permanent address.  When the relative named in item 19b is at the same address as 19a, the entry, "(NAME) and ADDRESS SAME AS BLOCK 19a" will be entered in 19b.  The information in these items is used primarily when documents need to be forwarded to the Soldier immediately after separation.

22.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs the enlisted promotions and reductions function of the military personnel system.  Chapter 3 of this regulation governs semi-centralized promotions to SGT and staff sergeant.  Promotion point cutoff scores are determined and announced monthly for each military occupational specialty (MOS) on the basis of the scores reported by the field and the needs of the Army by grade and MOS.

23.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 14 established policy and prescribed procedures for separating members for misconduct.  Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.  A discharge under other than honorable conditions was normally considered appropriate for a Soldier discharged under this chapter.  However, the separation authority could direct that a general discharge be issued if such was merited by the Soldier's overall record.  Only a general court-martial convening authority could approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

24.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s service record shows the spelling of her first name both as “Ashley” and “Ashely.”  However, it appears that a typographical error may have occurred when the applicant’s name was entered in her records.  Therefore, it would be appropriate to change the spelling of her first name from “Ashely” to “Ashley” in item 1 on her 30 September 2003 DD Form 214.

2.  The applicant was promoted to SPC in October 2002.  She was ordered to active duty on 3 February 2003 and held the rank of SPC until she was discharged on 30 September 2003.  Her service record does not indicate she was ever promoted to SGT prior to her discharge from active duty in September 2003.  Therefore, her 30 September 2003 DD Form 214 correctly reflects her rank and pay grade as SPC, E-4 in items 4a and 4b.  

3.  The applicant completed the automated logistics specialist course in July 2002 and it is recorded on her 2 July 2002 DD Form 214.  Since she completed this course prior to the period of service covered by her 30 September 2003
DD Form 214 this course is not authorized to be recorded on the 30 September 2003 DD Form 214.  

4.  The information in item 19a of the DD Form 214 is used primarily when documents need to be forwarded to the Soldier immediately after separation.  At this point in time a change to this item would likely be of no effective value to the applicant.  However, it does appear that an error was made in item 19a of the applicant's DD Form 214 and that she actually lived at the Chicago, IL address she now claims at the time she was separated.  Therefore, it would be appropriate to correct her 30 September 2003 DD Form 214 to show the Chicago, IL address.
5.  The applicant tested positive for cocaine in February 2003.  

6.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.

7.  An under other than honorable conditions discharge was normally appropriate for a Soldier discharged under chapter 14 of Army Regulation 635-200 for misconduct.  It appears the separation authority determined that the applicant's overall record of service did not meet the standards of acceptable conduct and performance of duty to warrant a fully honorable discharge and the applicant has not presented sufficient evidence which warrants changing her general discharge to a fully honorable discharge.

8.  Although the applicant has provided numerous supporting statements attesting to her professionalism and reliability these character traits alone are not sufficient for granting the relief requested.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “Ashely” from item 1 on her 30 September 2003 DD Form 214 and adding “Ashley”; and

	b.  deleting the mailing address in Carpentersville, IL from item 19a on her 
30 September 2003 DD Form 214 and adding her mailing address in Chicago, IL.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting items 4a, 4b, and 14, on her 30 September 2003 DD Form 214 and upgrading her general discharge to fully honorable.  




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100007573



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007573



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1