IN THE CASE OF:  	

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130012367
___________________________________________________________________________

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 under other than honorable conditions to general under honorable conditions.

2.  The applicant states, in effect, she is unable to work due to having PTSD, Bipolar disease type 2, and other physical injuries.  She needs help with medical care.  She has been hospitalized recently at the VA hospital in Murfreesboro, TN recently for a week.  Since being on medications, she has been doing great.  She was not properly diagnosed before her discharge.  She did not know what she was signing when asked by the psychiatrist if she was ok with the under other than honorable discharge.  Her first sergeant (1SG) discharged her quickly as possible because he considered her to be a menace to the unit. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 July 2013
b. Discharge Received:		Under Other Than Honorable Conditions 
c. Date of Discharge:			17 February 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b						JKA, RE-3
e. Unit of assignment:			Medical Company, United States Army Medical 						Department Activity, Fort Campbell, KY
f. Current Enlistment Date/Term:	6 February 2009, 4 years
g. Current Enlistment Service:	2 year, 0 months, 11 days
h. Total Service:			4 years, 1 month, 9 days
i. Time Lost:				None
j. Previous Discharges:		RA (070109-090205), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				115
n. Education:				HS graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (071031-080514)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, ICM-w/CS,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 record shows she enlisted in the Regular Army on 9 January 2007 for a period of 4 years.  She was 34 years old at the time and a high school graduate.  The applicant reenlisted on 6 February 2009 for a period of four years.  She was awarded an ARCOM, AAM, and AGCM.  At the time her discharge proceeding were initiated, she was serving at Ft. Campbell, KY.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 25 January 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, for;

	a.  missing five scheduled appointments or failing to be on time for duty or formation (100521, 100531, 100828, 100829, and 101104)

	b.  stating she was “tired and going to lie down for a couple of hours.”  She then wrongfully absented herself from performing her daily duties and proceeded to go and lie down in a room within the hospital. 

	c.  disregarding the nursing orders of a provider by opting to “double ace wrap” a patient’s injury versus splinting it as directed.  Also, providing substandard care to another patient by leaving the individual crying and bloody and in an unclean state.  When the provider endeavored to speak with her about the situation, she became insolent and presented an extremely unprofessional demeanor towards her. 

	d.  disrespecting and insubordination towards a commission and noncommissioned officer by way of verbal and nonverbal methods of communicating (101104).  These actions were coupled with many serious civil and domestic incidents.  

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 26 June 2011, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board, and submitted 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 11 February 2011, the separation authority 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 17 February 2011, for a pattern of misconduct, under the provisions of Chapter 14-12b, with an RE code of 3.

6.  The service record does not contain any evidence of time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1. Record of other disciplinary action, including nonjudiual punishment:  On 28 December 2010, the applicant received a CG Article 15, for failing to go to her appointed place of duty three times (100520, 100531, and 100829); and leaving her place of duty (100828).  The punishment imposed was a reduction to E-3; forfeiture of $448 pay per month for one month, which was suspended for 30 days; and extra duty for 14 days. 

2.  A Mental Status Evaluation, dated 19 January 2011.  The applicant was cleared for a Chapter 14 discharge.  

3.  Numerous counseling statements covering the period 15 February 2010 through 17 December 2010, for substandard patient care, sleeping on duty, disobeying orders, disrespecting a provider, malingering, failing to report, debt counseling, and check fraud.

4.  A Military Police Report, dated 8 December 2009, detailing several charges to include check fraud.  

EVIDENCE SUBMITTED BY THE APPLICANT 

An online DD Form 293 application and a DD Form 214.

POST-SERVICE ACTIVITY: 

None provided 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.

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 general or a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for multiple violations of the Uniform Code of Military Justice.

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’s service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 16 November 2010, the applicant underwent a mental status evaluation which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  It appears the applicant’s chain of command determined that although she was suffering from PTSD, she knew the difference between what was right and wrong as indicated by the mental status evaluation.  Further, there are many Soldiers with the same condition that completed their service successfully.

5.  The applicant contends she did not know what she was signing when asked by the psychiatrist.  Her 1SG discharged her as quickly as possible.  However, 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.  

6.  The applicant contends she is unable to work due to having PTSD, Bipolar disease type 2, and other physical injuries.  She needs help with medical care.  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.

7.  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: 18 September 2013   Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: No

Board Vote:
Character Change:  1	No Change:  4
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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130012367



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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