IN THE CASE OF:	Ms. 

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130005240
___________________________________________________________________________

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 to change the narrative reason for her discharge.

2.  The applicant states, in effect, her discharge was improper because it should have been categorized as failing to maintain a family care plan that was due to her divorce.  The divorce caused financial instability and issues with childcare.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	13 March 2013
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	6 August 2012
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	HHC, 264th Combat Sustainment Support Battalion 
			82nd Sustainment Brigade, Fort Bragg, NC
	f.	Current Enlistment Date/Term:	29 June 2007, 6 years 
	g.	Current Enlistment Service:	5 years, 1 month, 8 days
	h.	Total Service:	7 years, 10 months, 10 days
	i.	Time Lost:	None 
	j.	Previous Discharges:	USAR (040927-041026) / NA
			RA      (041027-070628) / HD
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	89B10, Ammunition Specialist
	m.	GT Score:	94
	n.	Education:	HS Graduate 
	o.	Overseas Service:	SWA 
	p.	Combat Service:	Iraq (090429-100408)
	q.	Decorations/Awards:	ARCOM; AAM; AGCM; NDSM; ICM-CS; GWOTSM	 			ASR; OSR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF 
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 27 October 2004, and reenlisted on 29 June 2007, for a period of 6 years.  She was 18 years old at the time of entry and a high school graduate.  She served in Iraq, and earned an ARCOM and an AAM.  She completed 7 years, 9 months, and 10 days of active duty service.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record shows that on 27 April 2012, 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 failing to report for duty (100916, 100920, 101109, 101130, 110125, 110131, 110207, 110322, 110606, 110621, 110813, 110829, 110830, 110919, and 111024), and failing to pay her debts (110928).

2.  The unit commander recommended an under other than honorable conditions discharge and advised the applicant of her rights.

3.  On 24 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable 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 the separation with an honorable discharge.  

4.  On 5 July 2012, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable.

5.  The applicant was discharged from the Army on 6 August 2012, with a characterization of service of honorable 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 an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or any disciplinary actions available in the applicant’s record; however, the unit commander’s forwarding memorandum states, in effect, in describing rehabilitation attempts, the Soldier “was given 21 instances of counseling with eight instances of corrective training focused at correcting issues of tardiness and failure to pay debts.”

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no further evidence for consideration.  

POST-SERVICE ACTIVITY: 

The applicant provided none.  
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 an SPD Code of "JKA" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for a change to the reason for her discharge was carefully considered.  However, after examining the applicant’s service record and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the 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 warranting separation.  The applicant’s record of service was marred by the unit’s commander’s comment of having numerous periods of counseling and corrective actions that were not effective.  The applicant failed to respond to those efforts and ultimately caused her discharge from the Army.

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 that a change in the reason for the discharge because the basis of her separation was due to her divorce she started having issues with family care plan and childcare, and indebtedness.  However, 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, for pattern of misconduct.  The regulation further stipulates that no deviation is authorized.  

5.  In addition, the applicant’s contends that she was having family issues that ultimately caused her to be discharged.  However, she had many legitimate avenues through which to obtain assistance or relief and 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.  

6.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge and the reason for her discharge are commensurate with her overall service record.

7.  Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief.
















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  18 September 2031      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  	NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	    1	No Change:     4
(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)		AR20130005240

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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