IN THE CASE OF:  	Ms. 

      BOARD DATE:  	29 July 2013

      CASE NUMBER:  	AR20130001449
___________________________________________________________________________

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 that the characterization of service was too harsh based on the applicant’s length and quality of her service to include her combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.  




      
      
      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 to her general, under honorable conditions discharge to honorable and a change to the narrative reason for the discharge.    

2.  The applicant states, in effect, that her general, under honorable conditions discharge (GD) is inequitable and unjust.  She was punished under Article 15 for disrespect to her first sergeant.  She learned her lesson.  She does not feel her misconduct warrants a GD.  She had previously served as a commissioned officer and after resigning her commission rejoined the enlisted ranks.  She occasionally talks out of turn and at times thinks she some influence when she doesn’t.  She has been told that while her behavior is OK and even expected of an officer, it is now seen as undisciplined and even disrespectful for a junior enlisted Soldier.   She personally thinks the first sergeant wanted to prove that he could get her out of the Army, he told her so.  The applicant contends that a prior discharge occurred while she was in entry level status due to misdiagnosed medical issues that have since been resolved.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 January 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			26 March 2010	
d. Reason/Authority/SPD/RE Code:	Misconduct, (Minor Infractions), AR 635-200,      							Chapter 14-12a, JKN, RE-3	
e. Unit of assignment:			Student Company, United States Army Signal School 						Detachment, Fort George G. Meade, Maryland		
f. Current Enlistment Date/Term:	20 July 2009, 5 years
g. Current Enlistment Service:	8 months, 7 days
h. Total Service:			18 years, 6 months, 2 days
i. Time Lost:				None
j. Previous Discharges:		RA 871005-920416, HD 
						RA 920417-950930, HD
						USAR 951001-970927, HD
AGR 970928-990816, HD (Unacceptable Conduct)
						USAR 000823-030203, HD
						RA 030204-030408, UNC (Personality Disorder)
						ARNG 061220-071219, HD
						USAR 080328-090719, HD
k. Highest Grade Achieved:		1LT, (E-5 for period under review)
l. Military Occupational Specialty:	46R20, Broadcast Journalist
m. GT Score:				117
n. Education:				College Degree
o. Overseas Service:			Germany, Bosnia, Somalia
p. Combat Service:			Somalia
q. Decorations/Awards:		ARCOM-2, AAM-2, AGCM, NDSM, AFEM-2, 								HSM, AFRM-M, NPDR, ASR, NATO MDL, JMUA
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes 
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 20 July 2009, for a period of 5 years.  She was 46 years old at the time of entry, a college graduate, and earned two ARCOM’s, two AAM’s, and an AGCM.  She served 8 months and 7 days of her current enlistment and accumulated a total of 10 years, 3 months, and 15 days of active duty over multiple periods of service.  She completed a total of 18 years, 9 months, and 9 days of military service.  Additionally, she served in Germany, Bosnia, and Somalia. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 18 March 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12a, Minor Disciplinary Infractions, specifically for her inability to follow standard military rules and regulations, including being inept and unmotivated to become a productive Soldier and numerous misconduct infractions noted on counseling slips resulting in an Article 15.
	
2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 18 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board, and did not submit 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 with a general, under honorable conditions discharge.  

4.  On 22 March 2010, the separation authority approved the unconditional waiver request and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 26 March 2010, under Army Regulation 635-200, Chapter 14-12a, with a general, under honorable conditions discharge, an SPD code of JKN, and an RE code of 3.               

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



EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 19 January 2010, for  disobeying a lawful order from a commissioned officer (100112); being disrespectful in language toward a superior noncommissioned officer (100112); and being disrespectful in language to a superior noncommissioned officer (1SG) (100112).  The punishment consisted of reduction to the grade of E-4, forfeiture of $1,109 pay per month for one month (suspended), 15 days of extra duty, and 14 days restriction (FG) 

2.  Seven negative counseling statements dated between 18 September 2009 and                      23 February 2010, for disobeying an order or regulation, (confrontational behavior),       behavior in class, displaying behavior unbecoming of a professional NCO, disrespectful to commissioned officer, and disrespectful to a noncommissioned officer (multiple), discharge proceedings under chapter 5-13.

3.  Chronological Record of Medical Care dated 29 January 2010, which recommends proceedings under chapter 5-17 of AR 635-200.

4.  Report of Behavioral Health Evaluation, MEDCOM Form 4038, dated 17 February 2010, which shows a finding of Axis I, Adjustment Disorder with Depressed Mood, Axis II, Personality Disorder, Not Otherwise Specified (passive-aggressive traits), which recommends proceedings under chapter 5-17.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided on-line application, with a self authored statement, 5 letters of character and reference, selected documents from the AMHRR.  

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 "JKN" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (minor infractions).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKN" 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.  

2.  After examining the applicant’s record of service, her military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons:  

	a. Length and quality of service:  The applicant served a total of 18 years and 9 months and 9 days, thus the preponderance of her service was honorable.

	b. The record confirms the applicant received several awards, specifically 2 ARCOMs,  2 AAMs, and an AGCM.

	c. The applicant was previously discharged from the Regular Army due to a personality disorder in 2003, while in entry level status.

	d. The applicant was diagnosed and medically recommended for administrative proceedings or proceedings under chapter 5-17, Condition, Not a Disability by competent medical authority.

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 
4. The applicant contends the discharge was overly harsh and a result of the first sergeant proving he could have her discharged, and her difficulty in transitioning back to the enlisted ranks.  Although, 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 reason for the misconduct was minor in nature. 

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:    Personal Appearance     Date:  29 July 2013        Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers: NA 

























DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Five letters of reference.
	b.  Evaluations OERs and NCOERs


2.  The applicant presented no additional contentions.

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:  5	No Change:  0
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: 	Honorable
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)		AR20130001449



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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