IN THE CASE OF: 

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120006238 


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 an upgrade of her general discharge to an honorable discharge.

2.  The applicant states her discharge was based on a few mistakes and not on her all around performance as a Soldier.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Honorable Discharge Certificate
* Department of Veterans Affairs (VA) counselor certification of training

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 April 2004.  She completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist).  She served in Iraq from 20 January 2005 to 31 December 2006.  The highest rank/grade she attained while on active duty was specialist/E-4.

2.  DA Forms 4856 (Developmental Counseling Form) for the period 18 October 2006 through 4 April 2007 show the applicant was counseled numerous times on her duty performance, disrespecting and disobeying orders of superiors, and failure to go to her appointed place of duty.  She was also counseled on            23 February 2007 for testing positive during a urinalysis on 
15 December 2006.
3.  Her disciplinary history includes her acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, of the Uniform Code of Military Justice for the following:

   a.  On 3 October 2006 for disobeying an order.  Her punishment consisted of reduction to the rank/grade of private/E-2, a forfeiture of $636.00 pay per month for 2 months, suspended to be automatically remitted if not vacated before 1 April 2007, and extra duty for 45 days.  

   b.  On 21 March 2007 for wrongfully using marijuana between on or about    14 November 2006 and on or about 15 December 2006.

4.  A DA Form 3349 (Physical Profile), dated 23 January 2007, shows the applicant was given a permanent profile restricting her from participating in the Army Physical Fitness Training.  The profile indicated she could participate in upper body weight training at the gym.

5.  A DA Form 268 (Report to Suspend Favorable Personnel Action (FLAG)), dated 23 February 2007, shows a flag was initiated on the applicant.

6.  An Incident Report, dated 22 March 2007, shows authorities responded to a domestic dispute (verbal) at the applicant's residence.

7.  An Incident Report, dated 29 March 2007 shows:

* authorities responded to the applicant's residence due to a domestic dispute
* the applicant and another individual were arrested for simple battery
* the applicant had to be transported to Liberty Regional Medical Center for treatment

8.  The complete DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) was not available for review.  However, page 2 of this form indicates that on        6 April 2007 an MEB referred her case to the Physical Evaluation Board.  The applicant concurred with the findings and recommendation of the MEB and indicated she did not desire to continue on active duty.

9.  On 17 April 2007, the commander requested a mental health evaluation be conducted.  He listed the applicant's separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 
14-12b (Patterns of Misconduct) as the basis for the evaluation.  The evaluation shows she was diagnosed with an adjustment disorder with disturbance of emotions and conduct.  The psychiatrist cleared her for any administrative action deemed appropriate by her command.

10.  In an undated memorandum for record, the Defense Counsel stated that at the time of the initiation of the applicant's proposed chapter 14 discharge, she had already begun medical separation proceedings for back-related injuries pursuant to the MEB process.  

11.  On 1 May 2007, the applicant appeared in the State Court of Liberty County, GA, for the charge of simple battery.  Charges were dropped and she was ordered to pay court costs of $130.00

12.  On 1 May 2007, the applicant was notified by her commander of the intent to initiate separation action against her under the provisions of chapter 14-12c, misconduct, commission of a serious offense.

13.  On 2 May 2007, having been advised by consulting counsel of the basis for the contemplated separation action, the applicant acknowledged receipt of the notification, waived her rights for consideration by an administrative separation board and a personal appearance before an administrative separation board.  She understood she could expect to encounter substantial prejudice in civilian life if a general discharge was issued.  She also understood there was no automatic upgrading or review by any government agency, and that she must apply to the Army Discharge Review Board (ADRB) or the Army Board for Correction of Military Records for a review of her discharge.

14.  On 7 May 2007, the applicant submitted a statement in her own behalf to the discharge authority.  She said:

* she requested separation from the Army with an honorable discharge
* she had served to the best of her abilities 
* she was diagnosed with scoliosis and was unable to reach her goals
* she was deployed to Iraq and did an excellent job while there
* her marijuana use was a one-time incident and she was going through a lot with her family at the time
* she was disrespectful to a noncommissioned officer because the individual phoned her home, yelled at her, and hung up the phone on her 
* she tried to talk to her superior about it, but yelling began, she was cursed at, and it kept going on so she walked away to keep from getting in trouble 
* she was a good Soldier who went through some rough spots at the wrong time
* a lot of things were placed in her discharge packet after the fact and many had no action taken
* she was being singled out and there were numerous others who had more offenses and were still serving on active duty
* she was not afforded enrollment in the Army's Substance Abuse Program nor the opportunity to be rehabilitated

15.  On 5 June 2007, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14-12c and directed the issuance of a General Discharge Certificate.  

16.  Her DD Form 214 shows she was discharged on 6 July 2007 under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct - commission of a serious offense with a characterization of service of general under honorable conditions.  She was credited with completing 3 years and 
3 months of creditable active service.

17.  The applicant applied to the ADRB for an upgrade of her discharge.  On
15 July 2010, the ADRB denied her request for upgrade and determined she was properly and equitably discharged. 

18.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 deals with separation for various types of misconduct, which includes drug abuse, and states individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  It states abuse of illegal drugs is a serious offense.

19.  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 an upgrade of her general discharge was carefully considered.

2.  The evidence of record confirms the applicant's commander notified her of the intent to separate her with a general discharge.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.

3.  The applicant's record of service shows she received an Article 15 on two occasions, numerous counselings for failure to go to her appointed place of duty, instances of disrespecting and disobeying orders of superiors, and using  marijuana.  Based on this record of indiscipline, the applicant's misconduct renders her service unsatisfactory.  Therefore, she is not entitled to an honorable discharge.  

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 that 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)                                         AR20120006238



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ABCMR Record of Proceedings (cont)                                         AR20120006238



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