IN THE CASE OF:  	Ms. 

      BOARD DATE:  	16 April 2014

      CASE NUMBER:  	AR20130012260
___________________________________________________________________________

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 was nominated for the Veterans Posse Foundation.  This is a chance for her to attend a prestigious college on a full scholarship.  One of the requirements is an honorable discharge from the military.  She messed up in the military due to such a young age.  She was 17 years old and has learned from her mistakes now.  She is older in age, maintained a job, and had a baby boy a year ago.  She has a new outlook on life and has learned self-discipline.  She is currently working at a Veteran’s Resource Center. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 July 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			2 September 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			77th Engineer Company 94th Engineer Battalion, 4th 						Maneuver Enhancement Brigade, Fort Leonard 						Wood, MO
f. Current Enlistment Date/Term:	14 April 2009, 6 years
g. Current Enlistment Service:	2 years, 4 months, 19 days 
h. Total Service:			2 years, 4 months, 19 days
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	12W10, Carpentry and Masonry
m. GT Score:				114
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No	
u. Prior Board Review:			None

SUMMARY OF SERVICE:		
	
The applicant's record shows she enlisted in the Regular Army on 14 April 2009, for a period of 6 years.  She was 17 years old at the time and had a GED.  Her record does not contain any meritorious achievements or acts of valor.  At the time her discharge proceeding were initiated she was serving at Fort Leonard, MO.  She served for 2 years, 4 months, and 19 days of a six year enlistment.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  The record also contains the applicant’s election of rights and the separation authority’s decision memorandum.  

2.  On 18 August 2011, 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 record is void of the intermediate commander’s discharge recommendation.    

3.  On 23 August 2011, 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 14-12b, for a pattern of misconduct.  

4.  The applicant was separated on 2 September 2011, under Army Regulation 635-200, Chapter 14-12b (pattern of misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

5.  The applicant’s 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 UCMJ actions in the record.  However, she was discharged as a PVT/E-1; the action that reduced her in rank is not available in her record.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, DD Form 214, and three character reference letters.  

POST-SERVICE ACTIVITY: 

The applicant contends she was nominated for the Veterans Posse Foundation and has maintained a steady job.  

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 issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  The record also contain the applicant’s election of rights and the separation authority decision memorandum.  These documents identifies the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process.  

3.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's contentions were carefully considered.  However, it is not possible to determine if these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will be her responsibility to meet this burden of proof since the evidence is not available in the official record.

5.  The applicant contends that an upgrade of her discharge would allow her to accept the Veterans Posse Foundation nomination and qualify for a full scholarship at a prestigious university.  However, 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.

6.  The applicant 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.

7.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  16 April 2014       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)		AR20130012260



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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