BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016618 


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 general discharge be upgraded to honorable.

2.  The applicant states: 

	a.  She was suffering when she was in the military.  She had medical issues that she sought help for and could not get the proper medication because health care providers could not find her real problem(s).  She is just now being diagnosed with bipolar disorder which explains a lot, but she also had other physical conditions that she suffered with.  She wanted to be the best Soldier she could be even though she was suffering with physical and mental issues.  She wanted to be a normal Soldier and continue physical training and regular activities that healthy Soldiers participated in.  She did not want to feel like the weak link so she put her issues aside and put the Army first.

	b.  Due to embarrassment and being teased by members of her chain of command, she neglected herself and her health.  She should have made sure that she got the medical attention she required and believes if she had put herself first, she would have been given a medical discharge.  Not only was she suffering physically and mentally, she put herself in a bad financial situation and incurred debt that she still had to pay back even though her career was over.  With all the stress, she became miserable, frustrated, and could not function in society.  She let herself down and every day of her life she has to deal with that.  Not a day goes by that she does not wish that she could go back and do things better.  However, like the old saying that it's hard to see the trees if you are standing in the forest, she has to keep fighting on.  Sometimes she beats herself up for what her life has become; but she's done holding her head down; it's time to pick herself up.

3.  The applicant provides a hospital instruction sheet, a court order, and two pages of progress notes.

CONSIDERATION OF EVIDENCE:

1.  On 14 February 2011, the applicant enlisted in the Regular Army in the rank/pay grade of private first class/E-3 and she held military occupational specialty 92A (Automated Logistical Specialist).  On 22 July 2011, she was assigned to the 3rd Battalion, 43rd Air Defense Artillery, Fort Bliss, TX. 

2.  Between 8 December 2011 and 25 March 2013, she was counseled numerous times by various members of her chain of command for repeatedly failing to follow instructions, repeatedly being disrespectful toward officers and noncommissioned officers (NCOs), repeatedly failing to follow lawful orders and/or regulations, repeatedly failing to go to her appointed place of duty, breaking the law by not wearing her seatbelt, making false statements, failing the Army Physical Fitness Test, being absent without leave (AWOL), losing her on-post driving privileges after receiving a ticket, failing to pay traffic tickets, failing to be in the proper uniform, driving without a valid license, and for possessing/ using the banned substance spice. 

3.  She received nonjudical punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, as follows on:

* 23 May 2012, for being disrespectful in language toward an NCO, disobeying a lawful order, and making a false statement; part of the punishment imposed was reduction to private/E-1
* 6 November 2012, for failing to go to her appointed place of duty 

4.  On 28 March 2013, she underwent a mental status evaluation.  The examining psychiatrist diagnosed her with an adjustment disorder with mixed emotional features, determined she showed no obvious cognition impairments, could understand and participate in administrative proceedings, she met retention standards, and was fully fit for duty.  She was cleared for any administrative processing deemed necessary by her chain of command.




5.  On 26 April 2013, her immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, for a pattern of misconduct.  The commander stated he was recommending she receive a general discharge.

6.  On 26 April 2013, she acknowledged receipt of the commander's notification and consulted with legal counsel.  She was advised of the basis for the contemplated separation action, the type of discharge she could receive, its effect on further enlistment or reenlistment, the possible effects of the discharge, and the procedures and rights available to her.  She did not submit a statement on her own behalf.

7.  On 14 May 2013, the separation authority approved her discharge for misconduct and directed the issuance of a General Discharge Certificate.  On 28 May 2013, she was discharged accordingly.

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct, with an under honorable conditions (general) characterization of service.  

9.  There is no evidence in her record, and she did not provide any evidence, that shows while serving on active duty she was treated for, or diagnosed with, any mental/medical condition/disorder that permanently prevented her from performing her assigned duties, was found to be unfitting, or required referral to a medical evaluation board (MEB) or physical evaluation board (PEB).  There is no evidence that shows she ever received a permanent profile of "3" that would require referral to an MEB/PEB. 

10.  Her Enlisted Record Brief, dated 17 May 2013, shows at the time of discharge her PULHES were "1-1-1-1-1-1."

11.  On 28 July 2014, the Army Discharge Review Board denied her request to upgrade her discharge and determined she was both properly and equitably discharged.

12.  The applicant provides:

* a hospital discharge instruction sheet, dated 19 May 2013, from the Emergency Department, Providence Memorial Hospital, El Paso, TX
* an El Paso County Court Order, dated 20 June 2014, wherein it shows a court case against her for aggravated assault was dismissed because the necessary witness could not be located
* two pages of progress notes, dated 11 August 2014, from the Jackson Mississippi Veterans Affairs Medical Center, wherein a mental health provider noted that his impression was the applicant was suffering from bipolar disorder

13.  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, and abuse of illegal drugs.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  

14.  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.

15.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states MEB's/PEB’s are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

16.  Army Regulation 635-40 further states the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature/degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade, or rating.  The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired.

17.  The Army physical profile serial system is based primarily upon the function of body systems and their relation to military duties.  The functions of the various organs, systems, and integral parts of the body are considered.  An individual having a numeric designation of "1" under all factors is considered to possess a high level of medical fitness.  A physical profile designator of "2" under any or all factors indicates an individual possesses some medical condition or physical defect that may require some activity limitations.  A profile containing one or more numerical designations of "3" signifies the individual has one or more medical condition that may require significant limitations.  A permanent profile of "3" would require referral to an MEB.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record confirms the applicant demonstrated she could not or would not meet acceptable standards required of enlisted personnel as evidenced by the numerous adverse counseling and NJP she received on two different occasions.  Accordingly, her immediate commander initiated separation action against her.

2.  Her separation action 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 for discharge were therefore appropriate considering all the facts of the case. 

3.  Although she may have been diagnosed with an adjustment disorder, she was found to be fully fit for duty and met medical retention standards.  The evidence of record does not show and she has not provided any evidence that shows while she was serving on active duty she was treated for or diagnosed with any mental/medical condition/disorder that permanently prevented her from performing her assigned duties, were unfitting, or warranted referral to a medical board 

4.  Her contention that her chain of command teased her is noted; however, her record shows she was counseled numerous times by various members of her chain of command for well over 1 year for repeatedly failing to follow instructions, being disrespectful toward officers and NCOs, and failing to follow lawful orders and/or regulations.  It appears her chain of command was very lenient with her as she was given plenty of time to correct her deficiencies yet she failed to do so. 

5.  Based on her record of misconduct, her conduct did not meet the standards of acceptable conduct of duty for Army personnel.  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)                                         AR20140016618



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ABCMR Record of Proceedings (cont)                                         AR20140016618



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