IN THE CASE OF:  	  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20140021668 


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, in effect, an upgrade of her discharge.

2.  The applicant states, in effect, she owed money on her Citi Bank (Government) Travel Card.  She met with her commanding officer, who was contemplating a separation action against her.  She informed her commander that her only source of income was her Army Reserve check and they set up arrangements for her to pay back the debt.  

	a.  Her commander decided not to initiate separation action against her after the meeting.  Unfortunately, her commander was getting ready to depart the command.  There was a change of command ceremony and a new commanding officer took over.  Her old commander did not communicate his intent not to initiate separation action against her for nonpayment of her travel card, about her financial situation, or that they had made payment arrangements.  As a result, her new commanding officer decided to go through with the separation action after holding a meeting with her and her noncommissioned officer in charge (NCOIC).  

	b.  She believes that her new commander discriminated against her because she was discharged, but the NCOICs in her unit who also had debt got their situations handled properly.  She believes the type of discharge she was given was incorrect because she had already made payment arrangements with her previous commander.  She was never in any other type of trouble aside from the issue with her travel card during her 6 years of service.  

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 10 May 2006, held military occupational specialty 42A (Human Resources Specialist), and attained the rank/grade of specialist (SPC)/E-4.  

2.  Her record contains two DA Forms 4856 (Developmental Counseling Form), both dated 18 May 2010:

	a.  The first counseling form shows her first sergeant (1SG) counseled her for failure to pay her government travel card debt.  The counseling form stated she was on orders for annual training at Fort Shelby, MS in June 2009.  She was issued a government travel card with the knowledge that it was her responsibility to use the card appropriately and to pay the card off after receiving payment from her travel voucher.  She had carried the debt on her travel card for almost a year and no significant progress had been made towards paying off the card.  She had been verbally counseled about this matter on numerous occasions by her 1SG, executive officer, and company commander.  The matter of her debt was now visible at the division and corps level.  She was informed that if no significant progress was made within the next 30 days, Uniform Code of Military Justice (UCMJ) action would be taken against her, which could result in the loss of rank, the loss of pay, or both.  She was informed that she was flagged for the nonpayment of debt and she would remain flagged until her debt was paid.  

	b.  The second counseling form shows her commander counseled her for her failure to pay a debt in the amount of $1,687.61 and inappropriate use of government funds.  The debt was incurred in 2009 and she had made no attempt to pay this debt in full.  She made arrangements with Citi Bank to deduct approximately $27.00 a month from her drill pay, which was only covering the late fees.  On 15 March 2010, she informed her commander she would make payments in the amount of $100.00 every two weeks and so far she had only made one payment.  She was informed the command had allowed her more than enough time to settle her debt.  She was advised to set up an allotment in the full amount of her drill pay.  In addition, she was ordered to contact her commander no later than 20 May 2010 to present her payment plan.  She was further informed that if the debt was not paid in full, she would be recommended for UCMJ action.

3.  Her record contains a written agreement, dated 8 August 2010, wherein she agreed to pay $250.00 every month towards her Citi Bank Travel Card debt.  She stated she could pay this amount on the dates of 12 August 2010, 9 September 2010, 7 October 2010, 4 November 2010, 2 December 2010, and 16 January 2011.  She acknowledged she understood immediate action would be taken if no payment was made towards this debt.  She stated she would contact and meet up with her 1SG so he could witness the payment that she would either mail or call in to the bank.  

4.  Her record contains a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) that shows she accepted nonjudicial punishment for "being indebted to the Government Travel Card in the amount of $1,887.42, which became payable on or about July 2009… [and from July 2009 to June 2010 she] dishonorably failed to pay said debt."  This form was dated but the date is illegible.  

5.  Her record contains a Memorandum for Record, dated 8 January 2011, wherein she stated, in effect, from the first payment of $250.00 she made in August 2010, she had held to the agreement to make her monthly payments of $250.00.  In December, she received a bill showing her balance had increased instead of decreased as a result of her payments.  She looked over all of her account information, savings and checking and noticed that no money had been withdrawn for the payments she made and she was told this was because she had insufficient funds.  She was not sure how this could have happened and she spoke to her bank to try to resolve this issue.  She suggested that she be put on annual training orders so that all of her drill pay could go towards her debt, but her request was denied.  She suggested she would enroll in a financial planning class in an effort to help her manage her funds and debt, both personal and military, and stated she was willing to do anything necessary to resolve the problem.  

6.  Her record contains three DA Forms 4856, all dated 15 May 2011.

	a.  She was counseled for losing her military identification card when her purse was stolen, because the identification card was a sensitive item.

	b.  She was informed her separation action had been initiated and advised to check on the status of her debt repayment plan.  

	c.  She was counseled for failing her record Army Physical Fitness Test.

7.  Her record contains a notification of separation proceedings under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations), paragraph 12-1b (A pattern of misconduct) dated 19 August 2011, wherein her commander notified her of his intent to initiate separation proceedings against her.  Her commander stated he was initiating separation action due to a pattern of misconduct, specifically because she failed to adhere to the government travel card guidelines by failing to make proper arrangements to pay off her travel card.  He recommended she receive an under other than honorable characterization of service.

8.  Her record contains an affidavit of service by mail, a United Parcel Service (UPS) tracking and confirmation page, a certified mail receipt, and a photograph of the UPS package, which show:

	a.  On 19 August 2011, her commander mailed her notification of separation proceedings under the provisions of Army Regulations 135-178, dated 19 August 2011, by certified mail, restricted delivery, with return receipt requested.  The separation packet included a notification of separation proceedings with an acknowledgement of understanding, an acknowledgement of receipt of notification, a request for conditional waiver and a memorandum to be completed for the separation authority.  All of these items were sent to the applicant with the intent that she read, complete, sign, indicate her election of rights, and return the packet to her commander.

	b.  UPS attempted to deliver the separation packet twice on 25 August 2011 and left notices each time.

	c.  The return receipt did not contain the applicant's signature, indicating she did not accept or refused to accept delivery of her separation packet.  

9.  On 14 October 2011, the applicant’s commander officially recommended the applicant’s separation under the provisions of Army Regulation 135-178, paragraph 12-1b and that her service be characterized as under other than honorable conditions.  The intermediate chain of command concurred with her company commander's recommendation.

10.  Her record contains a legal review of the administrative separation packet, dated 17 October 2011 showing:

	a.  there was no legal objection to the separation packet at that time, and indicating that –  

	b.  the applicant failed to adhere to the government travel card guidelines by not paying or making arrangements to pay her delinquent, outstanding government travel card balance; 

	c.  she received the notification and election of rights and did not make an election.  A failure to make an election constituted a waiver of her rights; and
	d.  the subordinate commanders recommended the applicant receive an under other than honorable conditions discharge and the legal office agreed with this recommendation.

11.  On 17 April 2012, Lieutenant General JCS, Commander, U.S. Army Reserve Command, Fort Bragg, NC approved and directed he applicant’s discharge for a pattern of misconduct, under the provisions of Army Regulation 137-178, paragraph 12-1b, with a characterization of service of general, under honorable conditions.

12.  Orders Number 12-110-00016, issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI on 19 April 2012, discharged her from the USAR with an under honorable conditions (general) characterization of service, effective 19 April 2012.

13.  The applicant applied to the Army Discharge Review Board (ADRB) requesting an upgrade of her discharge.  On 20 March 2014, the ADRB determined she was properly and equitability discharged and denied her request for a change in the character and/or reason for her discharge.  

14.  Army Regulation 135-178, paragraph 12-1b states a Soldier may be discharged for misconduct when it is determined under the guidance set forth in chapter 2, section I, that the Soldier is unqualified for further military service by reason of a pattern of misconduct.  A pattern of misconduct consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline.  Discreditable conduct and conduct prejudicial to good order and discipline include conduct which violates the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army.  The characterization of service normally will be Under Other Than Honorable Conditions, but characterization as General (under honorable conditions) may be warranted under the guidelines in chapter 2, section III.

	a.  Paragraph 2-9a states an honorable characterization is appropriate when the quality of the Soldier’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.

	b.  Paragraph 2-9b states that if a Soldier’s service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier’s conduct or performance of duty outweigh positive aspects of the Soldier’s military record.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of her discharge was carefully considered.

2.  The applicant was discharged on 19 April 2012, under the provisions of Army Regulation 135-178, chapter 12-1b, for a pattern of misconduct.  Her record includes a history of misconduct that includes numerous counseling for failure to pay her government travel card debt and nonjudicial punishment.  Additionally, she appears to have refused to accept the separation packet her command sent to her via certified mail.  Her command attempted to work with her to resolve the issue but she still failed to pay her debt.  

3.  The underlying point is that when she was issued the travel card she would have been made aware of the rules regarding its use, what constituted misuse, and the fact that she had to pay the card off when she received her travel pay.  Her records indicate she received payment for her travel voucher and she failed to use it to pay on her travel card.  Further, the money she received from her travel voucher was supposed to be used to pay her debt in full.  Not doing so constituted a gross misuse of government funds, is a form of misconduct, and a punishable and serious offense.

4.  Based on her record of indiscipline, her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  

5.  Consequently, her command elected to separate her from service.  The available evidence confirms that all requirements of law and regulation were met and her rights were fully protected throughout the separation process.  The records further show her discharge accurately reflects her overall record of service.  Her record does not contain any evidence to indicate she was treated unfairly or discriminated against.  

6.  In view of the foregoing, there is insufficient evidence to grant 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)                                         AR20140021668



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ABCMR Record of Proceedings (cont)                                         AR20140021668



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