IN THE CASE OF:  	Ms.

      BOARD DATE:  	3 May 2013

      CASE NUMBER:  	AR20130002591
___________________________________________________________________________

Board Determination and Directed Action

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 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 fully honorable, a change to her narrative reason for the discharge, and a change to her reentry eligibility (RE) code.

2.  The applicant states, in effect, she developed medical problems while on Active duty due to traumatic events.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 February 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			10 July 2007
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			567th TC Terminal, Fort Eustis, VA
f. Current Enlistment Date/Term:	7 February 2006, 3 years and 18 weeks
g. Current Enlistment Service:	1 year, 5 months, 4 days
h. Total Service:			1 year, 5 months, 4 days
i. Time Lost:				AWOL, 1 day (070117-070118)
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				90
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant's record shows she enlisted in the Regular Army on 7 February 2006, for a period of 3 years and 18 weeks; she was 25 years old at the time and had a GED.  At the time her discharge proceeding were initiated she was serving at Fort Eustis, VA.  She completed 1 year, 5 months, and 4 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 11 June 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 the following offenses:

a. failing to go to her appointed place of duty x 5 (061030, 070110, 070116, 070226, and 070510)
b. missing movement (061030)
c. being counseled for not paying her military star card account (061129)
d. violating company leave and pass policy letter (070112)
e. being absent from her unit (070117-070118)
f. failing to follow orders from a superior commissioned officer (070222)

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 12 June 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his 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 27 June 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 10 July 2007, 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 a RE code of 3. 

6.  The applicant's record shows she was absent without leave (AWOL) during the period        17 January 2007 through 18 January 2007.  The mode of return is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 5 December 2006, for failing to go at the time prescribed to her appointed place of duty (061030) and missing movement (061030).  The punishment consisted of reduction to the grade of E-1 (suspended), forfeiture of $297.00 for one month (suspended), and extra duty for 45 days (CG).

2.  Article 15, dated 24 March 2007, for failing to go at the time prescribed to her appointed place of duty x 2 (070110 and 070226), AWOL (070117-070118), and disobeying a lawful command from a commissioned officer (070222).  The punishment consisted of forfeiture of $650.00 per month for two months (suspended), extra duty for 45 days, restriction for 45 days, and oral reprimand (FG).

3.  Eleven negative counseling statements dated between 31 October 2006 and 4 Jun 2007, for missing movement, not making her account payment, not going to her appointed place of duty, violating policies, disobeying lawful orders, and notification for separation action.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a letter from the Department of Veterans Affairs, dated 1 July 2011 in addition to her application.

POST-SERVICE ACTIVITY: 

None 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 “JKA” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct.
5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of “JKA” will be assigned a RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of her discharge characterization, a change to her narrative reason for the discharge, and a change to her reentry eligibility (RE) code was carefully considered.  However, after examining the applicant’s record of service, her military records, the documents 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 2 Articles 15's for multiple violations of the Uniform Code of Military Justice.

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 medical problems while on Active duty due to traumatic events.  The evidence submitted by the applicant from the Department of Veterans Affairs, indicating the applicant has been diagnosed with Post Traumatic Stress Disorder (PTSD), resulting from a series of events classified as Military Sexual Trauma that occurred when she was in the Army.  However; the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  The record shows that on 9 March 2007, the applicant underwent a mental status evaluation which indicates she was responsible for her behavior, had the ability to distinguish right from wrong and possessed sufficient mental capacity to participate in administrative proceedings.  

5.  The applicant requested a change to the reason for her discharge.  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 entered 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.  

6.  The applicant also requested a change to her RE code.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned a RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  A 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. 

7.  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: 1 May 2013   		Location: Washington, DC

Did the Applicant Testify?  N/A 

Counsel: None

Witnesses/Observers: N/A 

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:	N/A
Change RE Code to:		N/A
Grade Restoration to:		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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130002591



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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