IN THE CASE OF:  	Ms. 

      BOARD DATE:  	9 September 2013

      CASE NUMBER:  	AR20120021647
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.
     
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade her characterization of service from general, under honorable conditions to fully honorable, and to change the narrative reason for her discharge.

2.  The applicant states, in effect, due to sexual trauma she developed PTSD which caused her to receive three Article 15 punishments for being late to PT formations, and subsequently, being discharged for pattern of misconduct.  She lost her career in the military, her marriage, and VA educational benefits.  She developed drug and alcohol addiction.  She could not perform her military duties because of the heavy medication during her tour in Iraq.  She was not medically discharged and she cannot reenlist.  It cost her everything.  She is currently in a VA treatment center for drug and PTSD treatment.  She will have additional evidence for the Board.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	19 November 2012
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	21 February 2008
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 63-200, Paragraph 14-12b 
			JKA, RE-3
	e.	Unit of assignment:	Delta Forward Support Company, 4th Squadron, 9th 
			Cavalry Regiment, 2nd Brigade Combat Team 
			Multi-National Division-Baghdad, Iraq
	f.	Current Enlistment Date/Term:	16 November 2005, 4 years, 24 weeks 
	g.	Current Enlistment Service:	2 years, 2 months, 10 days 
	h.	Total Service:	2 years, 2 months, 10 days 
	i.	Time Lost:	None 
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-3 
	l.	Military Occupational Specialty:	92F10, Petroleum Supply Specialist
	m.	GT Score:	90 
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA 
	p.	Combat Service:	Iraq (061015-071115) 
	q.	Decorations/Awards:	NDSM; GWOTSM; ICM; ASR; OSR
	r.	Administrative Separation Board:	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	Yes, 31 July 2009

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 16 November 2005, for a period of 4 years and 24 weeks.  She was 23 years old at the time of entry and a high school graduate.  She served in Iraq.  She was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist.  Her record documents no acts of valor or significant achievement.  She completed 2 years, 2 months, and 10 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 15 November 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct.  Specifically for having failed to be at her appointed place of duty on multiple occasions and threatening a fellow Soldier.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge, and advised the applicant of her rights.

3.  On 16 November 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on 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 with a general, under honorable conditions discharge.  

4.  On 12 December 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 21 February 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 11 June 2007, disobeying a lawful order x 4 (060701, 070605 x 3) disrespectful in deportment x 2 (070605 x 2), disrespectful in language (070605), using provoking words (070605), communicating a threat (070605).  The punishment consisted of reduction to the grade of E-2, forfeiture of $363 (suspended), 14 days of extra duty and restriction, oral reprimand, (CG). 

2.  Article 15, dated 28 August 2007, failing to be at her appointed place of duty at prescribed time x 3 (070813).  The punishment consisted of forfeiture of $363 (suspended), 14 day extra duty and restriction, oral reprimand, (CG). 

3.  Nine negative counseling statements, dated between 2 December 2006 and 12 November 2007, for making false statements, intended involuntary separation, losing government property, missing formations, altercation, disrespecting an NCO, insubordination, disobeying order, communicating threat. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional evidence.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, she is receiving treatment at a VA treatment center. 

REGULATORY AUTHORITY:

1. 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.   

2.  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.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 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 identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, pattern of misconduct.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3.


DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the pattern of misconduct, the applicant diminished the quality her service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by two Article 15 punishments for multiple violations of the Uniform Code of Military Justice and numerous negative counseling statements.

3.  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.  

4.  The applicant contends she developed PTSD due to sexual trauma that led to her being discharged for pattern of misconduct.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  Furthermore, she contends she was not medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  

5.  The applicant contends her discharge would not allow her to rejoin the Service, to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  Further, 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.

6.  The applicant contends the narrative reason for the discharge should be changed because of her medical condition.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with her overall service record.  Accordingly, records show the proper discharge and separation authority procedures were followed in this case.  

8.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance   Date:  9 September 2013   Location:  Washington, DC

Did the Applicant Testify?  Yes 

Counsel:  None?????

Witnesses/Observers: None???? 

















DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

The applicant submitted no additional documents or additional issues.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA






















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120021647



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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