IN THE CASE OF:  	Ms. 

      BOARD DATE:  	9 August 2013

      CASE NUMBER:  	AR20130004773
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant states, in effect, she needed guidance and training on how to handle her finances and budgeting.  She was not a bad Soldier, but a person who could not handle her finances, which caused her a civil confinement for approximately eleven months.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			26 November 2008
d. Reason/Authority/SPD/RE Code:	Misconduct (Civil Conviction), AR 635-200, Chapter 						14, paragraph 14-5, JKB, RE-3
e. Unit of assignment:			233rd Transportation Company, Fort Knox, KY
f. Current Enlistment Date/Term:	3 October 2006, 3 years and 19 weeks
g. Current Enlistment Service:	1 year, 5 months, 24 days
h. Total Service:			1 year, 5 months, 24 days
i. Time Lost:				339 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	92Y10, Unit Supply Specialist
m. GT Score:				88
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 3 October 2006, for a period of 3 years and 19 weeks.  She was 19 years old at the time of entry and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist.  Her record does not contain any evidence of acts of valor or meritorious achievements.  She achieved the rank of PV2/E-2.  She was serving at Fort Knox, KY, when her discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 30 October 2008, 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 a civil conviction for being convicted by civil authorities for theft by deception for over $300 x 3 and sentenced to confinement for a total of eight years (080819).

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

3.  On 4 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 12 November 2008, 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 26 November 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-5, AR 635-200, for misconduct-civil conviction, a Separation Program Designator code (SPD) of JKB and an RE code of 3.

6.  The applicant’s record of service indicates 339 days of time lost for civil confinement from    19 March 2008 until her release on 18 November 2008. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

An Article 15, dated 28 June 2007 for willfully disobeying a lawful order from a noncommissioned officer (SSG), (070615); being disrespectful in deportment toward a noncommissioned officer (SFC), (070618); and without authority, failing to go to his appointed place of duty (070618); the punishment consisted of reduction to E-1 (suspended), forfeiture of $303 pay (suspended), extra duty for 14 days and restriction for 14 days, (CG).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293; self-authored statement; a DD Form 214; and Discharge Orders 319-0219/with Amendment Orders 331-0237.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

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 record, the issues and documents 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 civil conviction, the applicant diminished the quality her service below that meriting a fully honorable discharge.  The applicant’s record of service was also marred by an Article 15.

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.

4.  The applicant contends she needed guidance and training on how to handle her finances and budgeting.  There is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review.  
5.  Further, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to this effort.

6.  The applicant also contends she was not a bad Soldier but a person who could not handle her finances, which caused her a civil confinement for approximately eleven months. 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 under review.  The character of the applicant’s discharge is commensurate with her overall service record.  

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:  9 August 2013        Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  NA

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:	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)		AR20130004773



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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