IN THE CASE OF:	Ms.

      BOARD DATE:  	6 November 2013

      CASE NUMBER:  	AR20130008374
___________________________________________________________________________

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 upgrade her characterization of service from under other than honorable to general, under honorable conditions or honorable.

2.  The applicant states, in effect, she enlisted when she was 18 years old, needing a change in her life.  Being young, she made a few mistakes during her enlistment.  She was also unfairly treated in the unit she was in.  She now realizes what a great opportunity and overall experience she had, and how much she enjoyed and loved her job. She is 24 now with three children.  She would love the opportunity of rejoining the military and serve her country, once again.  She is also in need of VA assistance.  An upgrade would really help.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	29 April 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	24 July 2008
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	90th Human Resource Company, STB, 3rd 
			Sustainment (Rear) (Provisional), Fort Stewart, GA
	f.	Current Enlistment Date/Term:	3 May 2007, 4 years, 20 weeks
	g.	Current Enlistment Service:	1 year, 2 months, 22 days 
	h.	Total Service:	1 year, 2 months, 22 days
	i.	Time Lost:	None 
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	42A10, Human Resources Specialist
	m.	GT Score:	90
	n.	Education:	GED
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR
	r.	Administrative Separation Board: 	No, unconditionally waived
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 3 May 2007, for a period of 4 years and 20 weeks.  She was 18 years old at the time of entry and had a high school equivalency (GED).  She was trained in and awarded military occupational specialty (MOS) 42A10, Human Resources Specialist.  Her record documents no acts of valor or significant achievement.  She completed 1 year, 2 months, and 22 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 16 June 2007, 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, specifically for the following offenses:  

a. receiving a FG Article 15 for wrongful use of a controlled substance (080604)
b. receiving a FG Article 15 for failing to obey a lawful order and drinking while underage (080221)
c. receiving numerous counseling for misconduct

2.  Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of her rights.

3.  On 18 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and unconditionally waived consideration of her case by an administrative separation board, 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 under other than honorable conditions discharge.  

4.  On 1 July 2008, the separation authority approved the applicant’s unconditional waiver request, waived further rehabilitation, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

5.  The applicant was discharged from the Army on 24 July 2008, with a characterization of service of under other than honorable conditions 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:

1.  Article 15, dated 27 February 2008, for disobeying an NCO (080129), being disrespectful toward an NCO (080130), underage drinking (080207).  The punishment consisted of forfeiture of $314, 14 days of extra duty and restriction, (CG).

2.  Article 15, dated 4 June 2008, for wrongfully using marijuana (080330-080430).  The punishment consisted of reduction to the grade of E-1, forfeiture of $673 per month for two months, 45 days of extra duty and restriction, (FG). 


3.  Twenty-two negative counseling statements dated between 2 November 2007 and 27 May 2008, for notice of separation and bar to reenlistment; missing formations; failing to be at her assigned room; disobeying orders; being insubordinate toward an NCO; being disrespectful toward an NCO; failing to go to her assigned place of duty; having poor duty performance; failing to maintain billet standards; unlawfully possessing alcohol while under the age of 21; and not being recommended for promotion.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.  

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 an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, 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.  The applicant, by violating the Army's policy not to possess, use illegal drugs, or abuse alcohol, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's policies not to abuse drugs or alcohol.  By the pattern of misconduct, and abusing illegal drugs and alcohol, the applicant knowingly risked a military career and diminished the quality of her service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by two Article 15 actions for multiple violations of the Uniform Code of Military Justice and numerous negative 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 she was treated unfairly in her unit.  However, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishments.  The applicant failed to respond appropriately to these efforts.

5.  The applicant also contends that she was young and immature at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

6.  The applicant has expressed her desire to rejoin the service and have VA benefits.  However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service.  Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

7.  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 is commensurate with his overall service record.  Accordingly, 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:  6 November 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:		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)		AR20130008374

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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