IN THE CASE OF:  	Ms.

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20130001584
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review his 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 an upgrade of her discharge characterization from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that she is trying to improve her education and better herself through the use of the GI Bill.  She served in Iraq and was very young when she entered the Army.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 January 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			23 August 2007
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			C Co, 2d Brigade Support Bn, Fort Carson, CO
f. Current Enlistment Date/Term:	19 June 2007, 5 years
g. Current Enlistment Service:	2 months, 5 days
h. Total Service:			2 years, 9 months, 27 days
i. Time Lost:				None
j. Previous Discharges:		RA (041027-070618), HD
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	68K10, Medical Laboratory Specialist
m. GT Score:				118
n. Education:				High School graduate
o. Overseas Service:			Iraq
p. Combat Service:			Iraq (061005-070809)
q. Decorations/Awards:		NDSM, ICM, GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant's record shows she enlisted in the Regular Army on 27 October 2004.  On        19 June 2007, she reenlisted for a period of 5 years.  She was 19 years old at the time of her reenlistment and was a high school graduate.  When her discharge proceedings were initiated she was serving in Iraq.  She served for a total of 2 years, 9 months and 27 days on active duty and her record documents no acts of valor or significant achievement.  Her record indicates she served a combat tour in Iraq from October 2006 until August 2007.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 31 July 2007, the unit commander notified the applicant of his intent to process her for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for:

      a. failing to report to her place of duty on three occasions (070320, 070606, 060817)
      b. being disrespectful to the First Sergeant (060921)
      c. dereliction of duty on four occasions
      d. violating General Order Number 1 (070715)  

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

3.  On 31 July 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on her 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 a general, under honorable conditions discharge.  

4.  On 1 August 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 separated on 23 August 2007, under Army Regulation 635-200, Chapter 14-12b (Pattern of Misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6.  The applicant’s record does not show any time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The applicant's disciplinary record includes a field grade Article 15 for a violation of General Order Number 1 for having a member of the opposite sex in her quarters (070715).  Her punishment consisted of reduction to the grade of E-1, a forfeiture of pay in the amount of $700.00 for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. 

2.  There are no negative counseling statements contained in the record.  

3.  The record contains a mental status evaluation dated 21 July 2007 which indicates the applicant was suffering from an adjustment disorder with mixed disturbance of emotions and conduct.  It also indicates she was able to recognize right from wrong.  



EVIDENCE SUBMITTED BY THE APPLICANT: 

A self-authored statement.

POST-SERVICE ACTIVITY: 

The applicant states she is attending school.

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 her military records and the issues submitted with the application, there are insufficient 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 repeated incidents of misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant’s service was marred by a field grade Article 15 for violating General Order Number 1 while in a combat zone.  

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

4.  The applicant contends that she had good service which included a combat tour in Iraq. The applicant’s service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and the documented action under Article 15 of the Uniform Code of Military Justice.

6.  The applicant contends that she was young as she enlisted when she was 17 years old.  However, the record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  By the time she committed the offenses that caused her discharge from the Army, she was already 19 years old.

7.  The applicant requests an upgrade of her discharge to improve her education through the use 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.

8.  Records show the proper discharge and separation authority procedures were followed in this case.

9.  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: Records Review    Date: 10 April 2013    Location: Washington, DC

Did the Applicant Testify?  No

Counsel: None

Witnesses/Observers: NA



Board Vote:
Character  	Change:  2	No Change:  3
Reason	Change:  2	No Change:  3
(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 RE Code to:	N/A
Grade Restoration to:	N/A
Change Authority for Separation:	N/A
Other:	N/A


























 
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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130001584

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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