IN THE CASE OF:   Ms.

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130003496
___________________________________________________________________________

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 struggled with her unit and fellow Soldiers due to a sexual harassment/assault event that occurred in 2010.  She feels her chain of command did not follow the proper protocol as she was in constant contact with the abuser.  There are records of the incident, as she filed a formal complaint.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge Received:		General, Under Honorable Conditions	
c. Date of Discharge:			27 September 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			Rear Det, 1st Bn, 229th AV Regiment, Fort Hood, TX
f. Current Enlistment Date/Term:	25 March 2009, 4 years 	
g. Current Enlistment Service:	2 years, 4 months, 29 days
h. Total Service:			2 years, 4 months, 29 days
i. Time Lost:				34 days
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92A10, Automated Logistics Specialist
m. GT Score:				97
n. Education:				HS Graduate
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 enlisted in the Regular Army on 25 March 2009, for a period of four years.  She was 19 years old at the time of entry and a high school graduate.  Her record does not contain any meritorious achievements or awards.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 1 September 2011, 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 failure to report to her designated place of duty on numerous occasions as follows:

      a. between 18 April 2011 and 16 May 2011
      b. between 17 May 2011 and 19 May 2011
      c. between 17 June 2011 and 21 June 2011
      d. on 2 June 2011, 6 June 2011, 7 June 2011, and on 9 June 2011
      
2.  Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 7 September 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The applicant indicated she had filed an unrestricted report of sexual assault within 24 months of initiation of the separation action.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  

4.  On 12 September 2011, 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 27 September 2011, for a pattern of misconduct, under the provisions of Chapter 14, paragraph 14-12b, with an SPD code of JKA and an RE code of 3.

6.  The applicant’s record contains documentation which shows she was AWOL 3 times for a total of 34 days, reflected as time lost.  AWOL for 28 days (110418-110505), AWOL for 2 days (110517-110518), and AWOL for 4 days (110617-110620).  She returned to her unit after every instance of AWOL.   

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Five negative counseling statements dated between 19 May 2011 and 9 June 2011, for offenses related to failures to report and being AWOL.

2.  Mental Status Evaluation dated 11 August 2011 that indicates the applicant was diagnosed with an adjustment disorder with disturbance of emotions and conduct and attention deficit disorder.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided no supporting documents with 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of her discharge characterization was carefully considered.  However, after examining the applicant’s record of service during the period of enlistment under review 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 the pattern of misconduct, the applicant diminished the quality 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 the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends she struggled with her unit and fellow Soldiers due to a sexual harassment/assault event that occurred in 2010.  She feels her chain of command did not follow the proper protocol as she was in constant contact with the abuser.  Although the applicant states there are records of the sexual assault incident that took place in 2010, her official personnel record does not contain any documentation related to this incident.

5.  Army Regulation 635-200, paragraph 1-15d, requires commanders to thoroughly review administrative separations involving known victims of sexual assault and any Soldier who answered “Yes” in response to the question of sexual assault in the last 24 months, as provided in the notification memorandum.   Commanders must consider whether the separation appears to be in retaliation for the Soldier filing an unrestricted report of sexual assault, or whether the separation involves a medical condition related to the sexual assault, and whether the separation is in the best interest of the Army, the Soldier, or both.  The regulation requires each commander in the chain of command to include a statement to this effect.  The applicant’s record of service does not contain such a statement, thus the ADRB must consider this as an issue of fact and determine if the applicant’s characterization of service was a consequence of the sexual abuse/harassment as described in the application.

6.  The record does not contain any indication of arbitrary or capricious actions by the command.  The character of the applicant’s discharge is commensurate with her overall service record.  Her service was marred by 3 instances of absent without leave and numerous failures to report to her designated place of duty.

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

8.  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 July 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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:		None
Change Characterization to:	No Change
Change Reason to:			No Change
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR 20130003496		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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