IN THE CASE OF:  

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130003344
___________________________________________________________________________

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 general, under honorable conditions discharge to fully honorable.

2.  The applicant states, in effect, that she would like to attend school, use the GI Bill benefits and improve her civilian job opportunities.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 February 2013
b. Discharge Received:		General, Under Honorable Conditions	
c. Date of Discharge:			18 June 2010
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			63d Engineer Company, Fort Benning, GA
f. Current Enlistment Date/Term:	11 September 2008, 3 years 	
g. Current Enlistment Service:	1 year, 9 months, 8 days
h. Total Service:			2 years, 2 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		USAR (071024-080910), NA	
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	21E10, Construction Equipment Operator
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	Not entitled
s. Performance Ratings:		None	
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant joined the US Army Reserve on 24 October 2007.  On 11 September 2008, she enlisted in the Regular Army for a period of 3 years.  She was 26 years old at the time of entry in the Regular Army and had a high school equivalency.  Her record does not contain any meritorious achievements or awards.  She achieved the rank of PFC/E-3 and was discharged after serving 1 year, 9 months, and 8 days of her 3-year term of enlistment.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 30 April 2010, 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 showing no potential for useful service under daily conditions of garrison duties.  
      
2.  The unit commander recommended a general, under honorable conditions discharge.

3.  On 4 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 the separation with a general, under honorable conditions discharge.  

4.  On 10 June 2006, 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 18 June 2010, for a pattern of misconduct, under the provisions of Chapter 14, paragraph 14-12b, with an SPD code of JKA and a RE code of 3.

6.  The applicant’s record does not show unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Company Grade Article 15 issued on 18 September 2009 for assault (090802).  Her punishment consisted of reduction to the grade of E-2 (suspended), 10 days of extra duty and restriction.  

2.  Summarized Article 15 issued on 14 May 2009, for disobeying a lawful order from an NCO (090426), and being disrespectful to an NCO (090426).  Her punishment consisted of 7 days of extra duty and an oral reprimand.   

3.  Four counseling statements dated between 26 April 2009 and 16 November 2009, for offenses related to spouse abuse, driving under the influence, disobeying lawful orders, spouse abuse and separation action.

4.  Two MP Reports (091101, 090802) which show the applicant as the subject of several investigations related to assault and battery, spouse abuse, driving under the influence, and driving with a suspended license.  

5.  Civilian court order dated 15 December 2009, for family violence protective order.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided two character reference letters of support.




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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of her characterization of service was carefully considered.  However, after examining the applicant’s record of service during the period of enlistment under review, 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 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 her pattern of misconduct, the applicant diminished the quality her service below that meriting an honorable discharge.  The applicant’s record of service was marred by 2 Articles 15 and several negative counseling statements 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 desires to attend school using the GI Bill benefits and improve her chances of getting a better job.  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.  Moreover, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  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: 17 July 2013		Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130003344		

Page 2 of 5 pages



ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1