IN THE CASE OF:  	Ms. 

      BOARD DATE:  	11 December 2013

      CASE NUMBER:  	AR20130007981
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, she would like the separation to be changed so that she may obtain decent employment.  Further, the change would allow her to move forward with her life and start a new chapter.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		23 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			8 April 2008
d. Reason/Authority/SPD/RE Code:	Misconduct (Pattern), AR 635-200, 14-12b, 								JKA, RE-3        	
e. Unit of assignment:			TAMC MED Company A MC, Schofield Barracks, HI
f. Current Enlistment Date/Term:	12 April 2006
g. Current Enlistment Service:	1 year, 11 months, 28 days
h. Total Service:			2 years, 6 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		USAR (20040701-20041025), NA
RA (20041026-20050131), UNC
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	68J10, Medical Logistics Specialist
m. GT Score:				89
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR, Marksmanship Badge
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 Army Reserve on 1 July 2004 for a period of 8 years .  On 26 October 2005 she entered the Regular Army for a period of 3 years.  She was discharged on 31 January 2005 after serving 3 months and 5 days.  The character of the applicant’ service was Uncharacterized.  The applicant later reentered the Regular Army on 12 April 2006 for a period of 4 years.  She was 19 years old at the time of entry and a high school graduate.  She served in Fort Jackson, South Carolina.  She earned the NDSM and the GWOTSM and completed 1 year, 11 months, and 28 days of active duty service for the period under review.  She served a total of 2 years, 6 months, and 28 days active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 14 March 2008, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b.  Specifically for:

     a.  Failing to report to her appointed place of duty on divers occasions.
     b.  Disrespect to a senior NCO.
     c.  Receiving three Article 15’s (070810/CG, 071012/FG, 080313/CG).
     d.  Violating restriction imposed under a CG Article 15 on 080313. 

2.  Based on the above pattern of misconduct, the commander recommended a general, under honorable conditions, discharge.

3.  On 17 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 other than honorable conditions, discharge.  

4.  On 1 April 2008, the separation authority approved the immediate separation of the applicant and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 8 April 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.  The record also shows the applicant was paid 47 days of accrued leave. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15 (Summarized), dated 10 August 2007, failure to report to 3 events (070730).  The punishment consisted of 14 days of extra duty and restriction (CG). 

2.  Article 15, dated 12 October 2007, for failing to report to her place of duty(070810); disrespect to a senior NCO (070915); and, wrongfully giving intoxicating liquors to a person under the age of 21 (070915).  The punishment consisted of reduction to the grade of E-1; forfeiture of $650 pay per month for 2 months, extra duty and restriction for 45 days (FG).

3.  Article 15, dated 1 March 2008, for failing to report to her place of duty twice (080228).  The punishment consisted of forfeiture of $314 pay, extra duty and restriction for 14 days (CG).

4.  Seven negative counseling statements dated between 25 July 2007 and 7 April 2008, for losing her ID card, violating restriction imposed under Article 15, failing to report to her place of duty(3), failing to report on time, understanding of punishment of Article 15, and disobeying a lawful order. 
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 214, a DD Form 293 and a letter of recommendation.

POST-SERVICE ACTIVITY: 

None were listed.  

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 the applicant’s record of service, her military records, 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 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 below that meriting a fully honorable discharge.  The applicant’s record of service was marred by 3 Articles 15 for multiple violations of the Uniform Code of Military Justice and seven counseling statements.

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 she would like an upgrade to allow her to obtain decent employment and start a new chapter in her life.  She provides a letter of recommendation from a retired command sergeant major.

     a.  The applicant contends that an upgrade of her discharge will allow her to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

     b.  The third party statement provided with the application spoke highly of the applicant’s personal growth and development.  He recognized that the applicant has accepted responsibility fro her actions and the consequences of those actions after leaving the Army; however, he not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

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:  11 December 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)		AR20130007981



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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