IN THE CASE OF:  	Ms. 

      BOARD DATE:  	15 May 2013

      CASE NUMBER:  	AR20130000494
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.  
      
2.  Further, notwithstanding the propriety of the applicant's discharge, the Board noted certain administrative errors on the applicant's DD Form 214 and directed the following changes as approved by the separation authority:
      
     a.  block 25, separation authority changed to AR 635-200, paragraph 14-12b, 
     b.  block 26, separation code changed to JKA,  
     c.  block 28, narrative reason for separation changed to Pattern of Misconduct.  






      
      
      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 an upgrade of her discharge from general, under honorable conditions to honorable.

2.  She states, in effect, her record was impeccable prior to her last duty station.  She got a divorce and was unable to properly care for her children because of inadequate family care plan.  She was suffering from depression which led to her problem with alcohol.  She never received a court-martial or any corrective action. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 January 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			30 September 2004
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, Chapter, 14-12c, JKQ, 						RE-3
e. Unit of assignment:			Military Entrance Processing Station (MEPS), 							Richmond, VA
f. Current Enlistment Date/Term:	18 June 2002, 3 years
g. Current Enlistment Service:	2 years, 3 months, 13 days 
h. Total Service:			16 years, 6 months, 19 days
i. Lost time:				None				
j. Previous Discharges:		USAR-(880213-880406)/NA									IADT-(880407-880903)/UNC									USAR-(880904-931003)/NA									RA-(931004-960718)/HD										RA-(960719-990610)/HD										RA-(990611-020617)/HD
k. Highest Grade Achieved:		E-5	
l. Military Occupational Specialty:	42L20, Administrative Specialist
m. GT Score:				109
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		MSM, ARCOM-3, AAM-3, AGCM-3, NDSM-2, 							AFEM, GWOTSM, KDSM, HSM, NPDR, ASR, 							OSR 
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No




SUMMARY OF SERVICE:	
	
The applicant's record shows she enlisted in the U.S. Army Reserve on 13 February 1988, the period of service is not in file.  She was 19 years old at the time of entry and a high school graduate.  She enlisted in the Regular Army on 4 October 1993, for a period of 3 years and was 22 years old at the time.  Her last enlistment on 18 June 2002 was for 6 years; she was   33 years old at the time.  She was trained in and awarded military occupational specialty (MOS) 42A10, Administrative Specialist.  She was serving at MEPS, Richmond, VA, when her discharge was initiated.  She achieved the rank of SGT/E-5.  Her record also shows she served in Korea and earned awards which included a MSM, ARCOM-3, AAM-3, and AGCM-3.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 2 August 2004, 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 for the following offenses:

     a.  failing to report to her appointed place of duty numerous times dating back to (031217)

     b.  being drunk on duty (040316)

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 2 August 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of her case by an administrative separation board and submitted a statement on her behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 18 August 2004, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable and did not submit a statement on her behalf.  The separation authority disapproved the applicant’s conditional waiver request and referred her case to the administrative separation board

5.  On 7 September 2004, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on her behalf.  

6.  On 13 September 2004, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
7.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

8.  The applicant was discharged from the Army on 30 September 2004, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, a Separation Program Designator (SPD) code of JKQ and an RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record does not contain any action under the Uniformed Code of Military Justice (UCMJ).

2.  The record contains nine NCO Evaluations Reports (NCOERs), covering the periods of            December 1997 through June 2004.  The applicant was rated “Among the Best,” on 
(7 NCOERs), “Fully Capable “(1 NCOER), and “Marginal” on the last NCOER covering the period (July 2003 through June 2004).    

3.  There are three negative counseling statements done between 5 August 2003 through      14 April 2004, for reporting late to work on numerous occasions and her pending chapter proceedings.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293, dated 28 December 2012.

POST-SERVICE ACTIVITY: 

The applicant did not provide any.

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the military record 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 incidents of misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that her record was impeccable prior to her last duty station.  AR 635-200, paragraph-3-5(2), states the characterization of service will be determined solely by the military record during the current enlistment or period of service, plus any extension thereof, from which the Soldier is being separated.

5.  The applicant further contends she got a divorce and was unable to properly care for her children because of an inadequate family care plan.  Army Regulation 635-200 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities.  

6.  The applicant also contends she was suffering from depression which led to her problem with alcohol.  The record shows that on 1 May 2004, the applicant underwent a mental status evaluation which indicated, she was diagnosed with a major depressive disorder and had been seen for treatment at the Community Mental Health Services (CMHS) and continued to receive treatment.  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.




7.  The applicant additionally contends she never received a court-martial or any corrective action.  However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicant’s numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline.    

8.  Furthermore, the review of the applicant’s service record also revealed that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c, block 26 separation code as "JKQ" , and block 28, narrative reason for separation as “Misconduct.” 

9.  Therefore and as approved by the separation authority, the following administrative corrections are recommended:

     a.  block 25, separation authority to AR 635-200, Chapter 14-12b
      
     b.  block 26, separation code to JKA

     c.  block 28, reason for separation to Pattern of Misconduct   

10.  Except for the modifications as stated above, the discharge was both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review    Date:  15 May 2013       Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  NA

Witnesses/Observers:  NA














Board Vote:
Character  	Change:  2	No Change:  3
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes	
Change Characterization to:	No Change
Change Reason to:			Pattern of Misconduct
Change RE Code to:		No Change
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, Chapter 14-12b
Other:					Change Separation designator (SPD) code to ‘JKA’





























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)		AR20130000494



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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