BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020629 


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 her narrative reason for separation be changed from Secretarial Authority to Hardship (Parenthood). 

2.  The applicant states:

	a.  at the time, she was a single parent because her husband was incarcerated.  She applied for a hardship discharge because she did not have a family care plan.  However, she was convinced by her commander that the most expeditious separation route would be a general discharge.  He told her it would be alright and she would be able to have it upgraded to honorable.  So, she received a general discharge for misconduct.  Although she eventually had it upgraded, she lost a lot of benefits.  She could not receive unemployment or the Montgomery GI Bill and she could not qualify for a homeowner voucher.  She struggled financially.       

	b.  for the 19 months she was in the Army, she had never gotten in trouble.  She always worked hard and her commander said she was a good Soldier.  She was kicked out of the Army because of some minor incidents and she was not treated fairly.  She was not given any chances to improve the situation.  The bulk of the negative counseling statements were given to her in one day.  She also received one Article 15 for being late.  



	c.  months before her unit got orders to deploy, she started having child care problems.  Her hardship discharge was denied because her commander thought she was trying to get out of deployment.  About a week later, she started getting negative counseling statements.  Then she was presented with a misconduct chapter.

	d.  her husband remained in prison for one year.  She got four counseling statements on 22 February 2003.  She was counseled for wearing purple nail polish even though it was burgundy and within regulation.  She complied right away and took the polish off.  She was counseled for falling out of a run, calling in late two days in a row, not being in the proper place at the proper time, and for leaving her military license at home.

	e.  her trial defense told her he had never seen such reasons for a general discharge.  She felt like she was being picked on and treated unfairly.  She just could not provide a stable family care plan.  She did not deserve a pattern of misconduct discharge or to lose her benefits.  

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 20 November 2001 and trained as a petroleum supply specialist.  

3.  Between 6 January 2003 and 24 February 2003, she was counseled for:

* failure to obey a lawful order
* failure to be at the proper place at the proper time (on three occasions)
* insubordination to a noncommissioned officer (NCO)
* failure to be at the proper place
* failure to follow instructions (on two occasions)
* failure to comply with Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) and failure to follow directions
* her pattern of misconduct

4.  On 6 June 2003, she was notified of her pending discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, for misconduct (patterns of misconduct).  Her unit commander cited:

* on numerous occasions she failed to report to her appointed place of duty and at the appointed time
* she disobeyed lawful orders
* she failed to follow instructions
* she had been disrespectful to an NCO

5.  She consulted with counsel and was advised of the impact of the discharge action.  

6.  On 17 June 2003, the separation authority approved the recommendation for separation and directed the issuance of a general discharge.

7.  On 24 June 2003, she was discharged accordingly with a general discharge.  She completed 1 year, 7 days, and 5 days of creditable active service. 

8.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200 PARA (Paragraph) 14-12B"
* item 26 (Separation Code) the entry "JKA"
* item 28 (Narrative Reason for Separation) the entry "PATTERN OF MISCONDUCT"

9.  On 9 February 2007, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge to fully honorable and changed her narrative reason for separation to Secretarial Authority because the wrong procedures had been used to separate her.





10.  Her new DD Form 214 shows in:

* item 25 (Separation Authority) the entry "AR 635-200 PARA 5-3"
* item 26 (Separation Code) the entry "JFF"
* item 28 (Narrative Reason for Separation) the entry "SECRETARIAL AUTHORITY"

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14, in effect at the time, established policy and prescribed procedures for separating members for misconduct by reason of fraudulent enlistment/reenlistment, conviction by civil court (members who have been initially convicted or adjudged juvenile offenders), desertion and absence without leave, and other acts or patterns of misconduct.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes), in effect at the time, provided 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 stated that the SPD code of JFF was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-3, by reason of Secretarial Authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, there is no evidence of record which shows she was discharged for hardship/parenthood.

2.  Evidence shows, based on numerous adverse counseling statements and one Article 15 (by her own admission), she was discharged for patterns of misconduct in 2003.   

3.  In 2006, the ADRB upgraded her characterization of service to fully honorable and changed her narrative reason for separation to Secretarial Authority only because the wrong procedures had been used to separate her for misconduct. 

4.  There is no evidence to show that her narrative reason for separation was not administratively correct and in conformance with applicable regulations at the time of her separation.  Therefore, there is no basis for granting the requested relief.



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)                                         AR20130020629





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ABCMR Record of Proceedings (cont)                                         AR20130020629



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