IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100014481 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded to honorable and that the reentry (RE) code be changed.  She also requests that her DD Form 214 be corrected to show her service in Iraq, Iraq Campaign Medal, the Army Commendation Medal for service in Iraq, and her in-service classes.

2.  The applicant states that:

* she completed over 90 percent of her obligated service
* she attended Narcotics Anonymous and Alcoholics Anonymous as well as the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP)
* other Soldiers tested positive for drugs more than once
* she had more of a marital problem than a drug problem
* her husband's infidelity was the cause of all of the domestic violence
* she provides the name of a retired sergeant first class as a reference

3.  The applicant provides copies of her DD Form 214 and a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 July 2005.  She completed training as a unit supply specialist and was assigned to Fort Hood, Texas for duty.
2.  The applicant was counseled on 14 January 2008 for missing an accountability formation and violating a no-contact order with her spouse because of previous domestic violence.  She was later counseled about a 17 April 2008 incident of domestic violence. 

3.  On 5 May 2008, she was counseled for willful disobedience of a lawful order by skipping-out on a scheduled urinalysis test. 

4.  On 14 July 2008, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for the wrongful use of marijuana between 
6 April and 5 May 2008, and for two specifications of assaulting her husband by striking him in the nose and pouring dishwashing detergent on him.  The punishment included reduction to pay grade E-2, a forfeiture of $500 pay for
2 months (suspended), and extra duty for 45 days.

5.  The company commander recommended separation with a general discharge under honorable conditions due to misconduct [use of illegal drugs].

6.  On 7 August 2008, the applicant acknowledged she had been advised by consulting counsel of the basis for the contemplated separation action and its effects, the rights available to her, and the effect of a waiver of her rights.

   a.  She was advised she may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions was issued to her.  

   b.  The applicant acknowledged she understood that if she received a discharge certificate/character of service which was less than honorable, she could make application to the Army Discharge Review Board (ADRB) or the Army Board for the Correction of Military Records for an upgrade; however, an act of consideration by either board did not imply that her discharge would be upgraded.

7.  The applicant's chain of command recommended that she be issued a general discharge under honorable conditions and the separation authority approved that action.

8.  On 28 August 2008, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct due to the use of illegal drugs.  She had completed 3 years, 1 month, and 23 days of creditable service.  She received a reenlistment eligibility code of Re 4.

9.  On 21 June 2010, the Army Discharge Review Board considered the applicant's case and denied her request for a discharge upgrade.

10.  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 (including drug abuse), and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  

11.  Paragraph 3-7a of the regulation 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

12.  Army Regulation 635-5-1 (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 states, in pertinent part, that the SPD code of JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 14.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE-4 as the proper code to assign members separated with this SPD code.

13.  Her DD Form 214 lists the authorized awards as the Meritorious Unit Commendation, National Defense Service Medal, Army Service Ribbon, and the Driver and Mechanic Badge with Driver Wheeled Vehicle(s) Clasp.

   a.  The only award order contained in the applicant's iPERMS (interactive Personnel Electronic Records Management System) is the order for the Driver and Mechanic Badge.
   
   b.  Since the Meritorious Unit Commendation is awarded only to units in or in direct support of combat operations and is not authorized for units located in the continental United States, it appears probable the applicant may have served in Kuwait and/or Iraq.
   
   	(1)  The Defense Finance and Accounting Service (DFAS) reports the applicant was authorized Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 15 February 2006 through 4 September 2006.
   
   	(2)  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include National Resolution (from 16 December 2005-9 January 2007).
   
	c.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

14.  There is no available record of in-service training courses or substance abuse rehabilitation efforts.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she completed over 90 percent of her obligated service, attended Narcotics Anonymous, Alcoholics Anonymous, as well as the ADAPCP. She also states other Soldiers tested positive for drugs more than once, and that her problems were more related to her marriage than to drugs.

2.  The applicant is authorized the Iraq Campaign Medal with one bronze service star and the GWOTSM and they should be added to her DD Form 214.  There is no available evidence of her being awarded an Army Commendation Medal.  

3.  While the use of marijuana was the only offense for which she was punished, this was clearly not her only misconduct.  Her husband's alleged bad behavior is not justification for her own domestic violence.
4.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.  The type of discharge directed and the reason therefore were appropriate considering all the facts of the case.

5.  Since there is no basis for changing the discharge, there is no basis for changing the RE code.

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 adding the Iraq Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal to the awards listed on her DD Form 214.  

2.  The Board further determined that the evidence presented was 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 changing the discharge and the reentry code and showing the Army Commendation Medal on her DD Form 214.  




   _______ _   _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)                                         AR20100014481



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ABCMR Record of Proceedings (cont)                                         AR20100014481



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