IN THE CASE OF:  	Ms. 

      BOARD DATE:  	11 December 2013

      CASE NUMBER:  	AR20130008412
___________________________________________________________________________

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 to be 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 honorable and a change to the narrative reason for the discharge.

2.  The applicant states, in effect, that her discharged was based on drinking while underage, driving recklessly, and sleeping on guard duty.  The applicant elaborated/explained the situations and reasons for each incident in her self–authored statement.  She expresses that she deserves an honorable discharge because she pulled guard duty for three to six hours almost every day for 373 days of her deployment.  She was ill and in a vulnerable state and passed out due to heat exhaustion.  She entered the Army a healthy and extremely motivated soldier.  She now has a 90% disability rating for asthma, right ankle, lower back degenerative disc disease, and PTSD for witnessing her best friend’s death while deployed.   She feels as though she deserves an honorable discharge because she put her mind, body, and soul into the Army and came out much different from the healthy and highly motivated Soldier who came in.

All she wanted to do was honor her friend by living right.  Instead when she got home from Iraq, she dishonored her by self-medicating by abusing her prescription for pain, illegal drugs, and drinking.  She became addicted to them because they helped numb the horrific pain of losing her friend.  Now she doesn’t drink or use drugs.  She is a straight “A” student at the Southwest University of Visual Arts, majoring in Graphic Design.  She also volunteers for the Enchantment Chihuahua Rescue by fostering dogs in need and helping them to get adopted. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			23 June 2006
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			Alpha Company, 1st Brigade Troops Battalion, 3d 						Infantry Division, Fort Stewart, GA
f. Current Enlistment Date/Term:	22 April 2004, 6 years
g. Current Enlistment Service:	2 years, 2 months, 2 days 
h. Total Service:			2 years, 2 months, 2 days
i. Lost time:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	25B10, Information System Operator-Analyst
m. GT Score:				104
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Kuwait/Iraq (050107-060115) 
q. Decorations/Awards:		NDSM, ICM, GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant's service record shows she enlisted in the Regular Army on 22 April 2004; she was 19 years old and a high school graduate.  She was assigned to Fort Stewart, GA when her discharge proceedings were initiated.  She served a combat tour in Kuwait/Iraq.  Her record documents no acts of valor or significant achievement.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 7 June 2006, the unit commander notified the applicant of his intent to process her for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, for the commission of serious offenses; specifically for consuming alcohol under the age of 21, driving in a reckless manner, and sleeping on guard duty.

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

3.  On 7 June 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge.  

4.  On 14 June 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for the commission of a serious offense.

5.  The applicant was separated from the Army on 23 June 2006, under Army Regulation 635-200, Chapter 14-12c, Misconduct, (Serious Offense), with a general, under honorable conditions discharge, an SPD code of JKQ and an RE code of 3.

6.  The applicant’s service record does not contain any AWOLs or lost time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Company Grade Article 15, dated 25 May 2005, for consuming alcohol under the age of 21 and physically controlling a car in a reckless manner by driving 85 mph in a 55 mph zone.  The punishment imposed consisted of a reduction to the rank E-1, suspended, forfeiture of $289 pay per month for one month, suspended, 14 days extra duty, and a written letter of reprimand.   

2.  A Company Grade Article 15, dated 13 June 2005, for sleeping while on guard duty.  The punishment imposed consisted of a reduction to E-1, forfeiture of $289 pay per month for one month, and 13 days extra duty. 

3.  A Field Grade Article 15, dated 13 April 2006, for wrongfully using cocaine on or about 
24 January and 27 January 2006.  The punishment imposed consisted of a reduction of rank to E-1, forfeiture of $640 pay per month for two months, and 45 days extra duty.

4.  One counseling statement, dated 15 May 2006, notifying the applicant of intent to separate her from the Army. 

5.  Report of Mental Status Evaluation, dated 2 May 2006, that indicates the applicant was mentally responsible with thought content as clear, and was able to recognize right from wrong.  She was psychiatrically cleared for any administrative action(s) deemed appropriate by the chain of command.   

EVIDENCE SUBMITTED BY THE APPLICANT: 

An online DD Form 293, DD Form 214, copies of three Article 15s, marriage license, DWI school completion certificate, medical profile/light indoor duty due to heat exhaustion, APFT Certificate of Achievement for scoring 294/300, medical note for Acute Bronchitis diagnosis, medical profile (non-deployable due to asthma), medical assessment, DD Form 2697/ medical discharge, re-written Medical Profile/ deployable with asthma, VA disability claims packet, reference letter from Psychiatrist LS, Southwest University of Visual Arts Transcripts, reference letter from Professor NG, and a reference letter from Enchantment Chihuahua Rescue .

POST-SERVICE ACTIVITY: 

Attending College and volunteers for the Enchantment Chihuahua Rescue.

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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of her characterization and the reason for her discharge was carefully considered.  However, after examining her military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's characterization or change the reason for her 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 serious misconduct, the applicant diminished the quality her service below that meriting an honorable discharge.  

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 deserves an honorable discharge because she pulled guard duty for three to six hours almost every day for 373 days of her deployment.  She was ill and in a vulnerable state and passed out due to heat exhaustion.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support his contention.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.   
5.  The applicant contends she entered the Army a healthy and extremely motivated Soldier.  She now has a 90% disability rating for asthma, right ankle, lower back degenerative disc disease, and PTSD for witnessing her best friend’s death while deployed.  The applicant’s post service VA service connected disability ratings are recognized; however, a careful review of the entire record reveals that these medical conditions did not overcome the reason for discharge and characterization of service.  The applicant 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 contends she deserves an honorable discharge because she put her mind, body, and soul into the Army and came out much different from the healthy and highly motivated Soldier who came in.  The applicant’s service accomplishments and the quality of her service prior to the incidents that caused the initiation of her discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the actions under Article 15 of the Uniform Code of Military Justice.

7.  The applicant contends all she wanted to do was honor her friend by living right.  Instead when she got home from Iraq, she dishonored her by self-medicating by abusing her prescription for pain, illegal drugs, and drinking.  She became addicted to them because they helped numb the horrific pain of losing her friend.  She was not offered any drug or rehabilitation.  AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.  In addition, there is no evidence in the record that she ever sought such assistance from her chain of command.  

8.  The applicant contends she doesn’t drink or use drugs.  She is a straight “A” student at the Southwest University of Visual Arts, majoring in Graphic Design.  She also volunteers for the Enchantment Chihuahua Rescue by fostering dogs in need and helping them to get adopted.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

9.  The applicant also requested a change to the reason for her discharge.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct, (Serious Offense),” and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

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

11  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)		AR20130008412



Page 7 of 7 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1