IN THE CASE OF:  	Ms. 

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130007461
___________________________________________________________________________

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 upgrade of her discharge characterization from general, under honorable conditions to fully honorable and change the narrative reason for discharge.

2.  The applicant states, in effect, that while serving in Iraq she was going through a divorce from her husband.  She contends she was upset and in a very stressful situation which led to the many difficulties she had in the Army.  She states she had a continuous honorable period of service before being discharged and she would like to reenlist into the military.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			15 April 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				29 February 2008
d. Reason/Authority/SPD/RE Code:		Pattern of Misconduct, AR 635-200, Chapter
14-12b, JKA, RE-3
e. Unit of assignment:				B Co, 296th Brigade Support Battalion, 3rd
SBCT, 2ID, Fort Lewis, WA
f. Current Enlistment Date/Term:		17 March 2007, 6 years
g. Current Enlistment Service:		0 years, 11 months, 13 days
h. Total Service:				2 years, 8 months, 22 days
i. Time Lost:					None
j. Previous Discharges:			RA, (050609-070316), HD
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		62B10, Construction Equipment Repairer
m. GT Score:					102
n. Education:					HS Letter
o. Overseas Service:				Southwest Asia
p. Combat Service:				Iraq (070210-070617)
q. Decorations/Awards:			NDSM, GWOTSM, ICM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			No
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 9 June 2005 and reenlisted on 17 March 2007 for six years.  She was 20 years old at the time of her reenlistment and had a high school letter.  She served in Iraq in support of Operation Iraqi Freedom.  The applicant’s record does not show any significant achievements or acts of valor.  She completed 2 years, 8 months, and 22 days of active duty service.  When her discharge proceedings were initiated, she was serving at Fort Lewis, Washington.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 8 November 2007, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, by reason of pattern of misconduct. Specifically for:

	a.  Adultery
	b.  Failure to report to her place of duty on two occasions
	c.  Failed to obey a lawful order from an NCO

2.  Based on the above misconduct, the unit commander recommended an honorable discharge.

3.  On 26 November 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 12 December 2007, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 29 February 2008, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The applicant’s record shows an Article 15, dated 24 August 2007, for disobeying a lawful order from a NCO (070715).  The punishment consisted of reduction to the grade of E-1 (suspended), forfeiture of $303 pay (suspended), 14 days of extra duty and 14 days of restriction (FG).

2.  Eight counseling statements dated between 9 March 2007 and 24 August 2007.  Three statements were negative counselings for failure to report to accountability or physical training (PT) formation, failure to obey a lawful order, and notification of intent to initiate separation proceedings.  The other five were monthly counselings.
      


EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), a DD Form 214 (Certificate of Release or Discharge from Active Duty), and a certified copy of a court document.

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.

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 14-12b, 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 an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, the documents and 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 repeated incidents of misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15, negative counseling statements for violations of the Uniform Code of Military Justice and sufficient evidence found during a commander’s inquiry that she committed adultery.

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 requests an honorable characterization.  The applicant did have a period of continuous honorable service from 9 June 2005 through 16 March 2007; however her service record indicates she committed several discrediting offenses which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The numerous incidents of misconduct committed by the applicant adversely affected the quality of her service, brought discredit on the Army and were prejudicial to good order and discipline.

5.  The applicant contends she was having family issues that affected her behavior and ultimately led to her difficulties in the Army.  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 applicant request a change in the reason for the discharge.  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 patterns of misconduct.  The regulation further stipulates that no deviation is authorized.

7.  The applicant has expressed her desire to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An 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. 

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

9.  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:  Record Review       Date:  18 October 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers:  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)		AR20130007461



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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