BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029382
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 a change in her character of service.
2. The applicant states she wants to reenter the military to serve her country.
3. The applicant provides a one-page self-authored letter.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 November 2001. She completed basic combat and advanced individual training and she was awarded military occupational specialty 75B (Personnel Administrative Specialist). The highest rank/grade she attained while serving on active duty was private first class/E-3.
2. On 18 August 2003, records show the applicant received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being derelict in the performance of her duties.
3. The applicant was counseled by her chain of command on 20 separate occasions for her unsatisfactory attitude, driving violations, and duty performance.
4. On 18 December 2003, the applicant was notified of initiation of separation action against her under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, for unsatisfactory performance.
5. Records show the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, the possible effects of a discharge, and of the rights available to her.
6. On 8 January 2004, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13.
7. On 23 January 2004, the applicant was discharged accordingly. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued confirms she was separated with a general discharge under honorable conditions and she completed 2 years, 2 months, and 4 days of creditable active military service with no lost time.
8. On 28 May 2009, the applicant applied to the Army Discharge Review Board for a change in the character and/or reason of her discharge. The applicant's request was denied on 24 March 2010.
9. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 provides for separation due to unsatisfactory performance when in the commander's judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order, and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.
10. 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 request for a change in her character of service was carefully considered; however, there is insufficient evidence to support her request.
2. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. Based on her record of indiscipline which included nonjudicial punishment under Article 15 and 20 counseling statements, the applicant's service clearly did not meet the standard of acceptable conduct and performance of duty for Army personnel.
4. Although the applicant is apologetic for her actions, all available evidence shows she was properly and equitably discharged. Therefore, the applicant is not entitled to an honorable character of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x______ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100029382
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