Applicant Name:  ?????

Application Receipt Date: 2012/05/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My discharge was unfair due to the fact that I was only 19 at the time of discharge and was suffering from mental health issues.  I was not in a clear mind to fight the discharge.  During the discharge process I was admitted to our local hospital for harming myself and put under supervision for the night.  I did not receive any follow up health care after my incident.  I was very suicidal and was afraid if anyone found out I would be sent to a mental institution.  I was 19 and scared to death.  When I took my paperwork to JAG they told me there was no reason for me to get chaptered.  I had minor infractions but nothing major.  I overall was a good soldier.  I even had letters of praise from other people I worked with.  I was the schools NCO for my unit.  I organized all of the training courses.  The SGT in control of classes said that they had never had a private do the job I was doing and he was impressed by me.  His name was SFC R.

The main thing I was counseled on was dating an E-5.  He was in an artillery battalion and I was in transportation.  According to the regulation there was nothing wrong with our relationship since we would never be in the same chain of command.  I was given direct orders by a Sargent Major and my Commander.  I was an E-1 and have counseling statements from a Commander.  I felt like I was being picked on.  I asked for a change of duty so I could have a fresh start.  They denied me.  They said that they didn’t want any other unit to have to put up with me.  I was a good soldier.  When given a task I completed it.  There was no reason for me to be treated this way.

Due to the way I was being treated I fell deep into my depression.  I remember telling a friend that I was going to go to the beach and go for a swim.  I wanted to swim out as far as I could to where I had no strength to return to shore so I could just drown to death.  My coworkers saw a change in me but were afraid to help.  At one point I explained myself to my commander and asked her to reverse the direct order that I could not speak to SGT A, my only friend.  She agreed that the direct order was out of line.  The next day after talking to my SGT Major she went back on what she had said and counseled me that my relationship was inappropriate.  SGT A was one of my only friends.  When my unit took him away from me I lost my will to fight.
  
During the discharge proceedings I submitted a written request to talk to my COL on his open door policy about the characterization of my discharge.  I was never given the opportunity to talk to them before they submitted my paperwork.  I have sent in the letter I submitted for your reference.

I don’t feel like there is anything in my chapter packet that justifies a less than honorable discharge.  Since I have left the Army I have been an outstanding citizen.  I have been married to my husband, JC for over 7 years.  He joined the Army shortly before we were married.  I stood beside him as he got promoted from an E-2 to a SGT in 2 years, and honorably finished his 4-year contract.  We have two kids together [sic]. 
 
After I was discharged from the military I took a job with KBR.  I went to Iraq for a year and supported our troops doing exactly what my Army MOS was.  I coordinated troops and supplies throughout theater.  I maintained a secret security clearance.  After a year in Iraq I took a job with AAI Services, Corp in Maryland.  There I continued to work in the same career field as an import/export specialist and materials manager.  After my husband got out of the military we moved to Colorado where I got another job with RT Logic in the government support field.  I was a shipping specialist.  I have worked on government contracts ever since I have been chaptered.  I disagree with my commander’s statement that I had no potential. 
 
Since I have a general discharge I lost my GI Bill.  I had paid into it for the first year.  I have a desire to go to school to become a counselor.  I want to help young adults that feel how I felt back then.  I feel like I earned my GI Bill.  I need my discharge upgraded to allow me to pursue my career dreams.

I am currently being treated for my depression.  I will submit doctor statements that show I am under care for my mental issues.  I wish I would’ve gotten help back when I was 18.  If there would’ve been help available I do not feel I would’ve been discharged from the military.  I had a desire to be the best that I could be.  I wanted to serve our Country.  I am a proud US citizen and have even deployed as a citizen to protect and serve our country.  
I appreciate your time.  Thank you!"

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 021015
Discharge Received: 			   Date: 021120   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Headquarters and Headquarters Company, 45th Corps Support Group (Forward), Schofield Barracks, Hawaii  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020502, with intent to deceive, altered an presented to her chain of command, DD Form 689 individual sick slip, by adding No Pro Mask, which was totally false, and was then known by the applicant to be so false (020417); reduction to E-1; forfeiture of $257, suspended, to be automatically remitted if not vacated by (021029); 14 days restriction and extra duty; (CG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010710    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1  Yrs, 4  Mos, 11 Days ?????
Total Service:  		1  Yrs, 4  Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88N10 Traffic Management Coordinator   GT: 114   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:    
Post Service Accomplishments: After her discharge she took a job with [redacted], went to Iraq for a year and supported the troops doing exactly what her Army MOS was.  She coordinated troops and supplies throughout theater and maintained a secret security clearance.  Later she took a job with [redacted] Services, Corp in Maryland.  There she continued to work in the same career field as an import/export specialist and material manager.  After her husband got out of the military they moved and she got another job with [redacted] in the government support field as a shipping specialist.  She has worked on government contracts ever since she left the Army.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12a, AR 635-200, by reason of misconduct, for minor disciplinary infractions for failing to report to her appointed place of duty, violating regulations, having an improper relationship with a noncommissioned officer, lying to a noncommissioned officer, disrespecting a noncommissioned officer, and forging a sick call slip with a general, under honorable conditions discharge.  She was advised of her rights.  
       On 16 October 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 29 October 2002, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       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, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the applicant’s available military records, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The analyst noted the diagnosis of depression outlined in the documents with her application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 28 August 2002, the applicant underwent a mental status evaluation which indicates that she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from depression does not mean she doesn't know the difference between right and wrong or that she did not have control over her behavior.  
       
       The analyst also acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Further, the applicant desires to use the benefits of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12b,” and block 26, separation code as “JKA."  In view of the foregoing, the analyst recommends to the Board that block 25, be changed to read separation authority  AR 635-200, paragraph 14-12a, and block 26, separation code to read JKN, as it was approved by the separation authority.   
       
        Except for the foregoing recommendations the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 October 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application, sick slip for depression, chronological record of medical care, report of medical history, developmental counseling form  and a DD Form 293

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  Further, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12b, and block 26, separation code as JKA.  In view of these errors, the Board directed that an administrative change be made to block 25, separation authority to read AR 635-200, paragraph 14-12a and block 26, separation code to JKN as approved by the separation authority.  
























        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: Change SPD Code to JKN; Change separation authority to read AR 635-200, paragraph 14-12a
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120009592
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