BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20110024523 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his discharge under other than honorable conditions (UOTHC) be upgraded to a general or an honorable discharge.

2.  The applicant states everything that was shown in his record he believes was accurate.  However, at the end of his service he used drugs and went absent without leave (AWOL).  Although he does not believe he deserves an honorable discharge, he knows that during his service in Korea he developed a drinking problem.  He adds that he tested positive for drugs, but instead of facing his problems he went AWOL.  After returning from AWOL, he was told he would receive his GI Bill even with a UOTHC discharge because of his length of service.  He finally states he is asking for a little mercy not just to receive benefits and build a better life, but so his discharge will accurately reflect his service.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 November 2004.  He was trained in and awarded military occupational specialty 13B (Cannon Crewmember).  He served in Korea from 26 May 2005 to on or about 
8 December 2007.  The highest pay grade he achieved was E-5.

2.  On or about 6 March 2008, charges were preferred against the applicant for being AWOL from 15 January 2008 until on or about 29 February 2008.

3.  On 7 March 2008, he consulted with counsel and he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.

4.  In his voluntary request for discharge, he indicated he was making the request of his own free will and had not been subjected to coercion whatsoever by any person.  He understood if his request were accepted he could receive a discharge UOTHC and that by submitting his request he was admitting he was guilty of the charges against him.  He further acknowledged he understood if he received a discharge UOTHC, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Department of Veterans Affairs (VA), he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and he could encounter substantial prejudice in civilian life.  The applicant elected not to provide a statement on his behalf.

5.  On 17 April 2008, the appropriate authority approved his request and directed the issuance of a discharge UOTHC.

6.  On 5 May 2008, he was discharged accordingly.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he received a UOTHC character of service.  It also shows he completed 3 years, 4 months, and 11 days of creditable active military service and accrued 45 days of lost time due to AWOL

7.  On 27 March 2009, he appealed to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 22 December 2009, the ADRB denied his request for a discharge upgrade stating the board determined that he was properly and equitably discharged.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 

	b.  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.

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and found to be without merit.  There is no evidence in his military record nor did the applicant present any evidence which shows that the discharge he received in 2008 was unjust or that he was suffering from any form of drug or alcohol dependency.

2.  The evidence of record shows the applicant was charged with the commission of an offense punishable with a punitive discharge under the Uniform Code of Military Justice.  The evidence of record also shows that the applicant consulted with defense counsel, and voluntarily requested discharge from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the charges.  

3.  Therefore, the type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The record contains no evidence of procedural or other errors that would have jeopardized his rights.  Furthermore, the quality of the applicant's service did not meet the standards of acceptable conduct and performance expected of Army personnel.

4.  The ABCMR does not grant requests for the upgrade of discharges solely for the purpose of establishing eligibility for veterans or medical benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR and any questions regarding eligibility for VA benefits should be addressed to the VA.

5.  In view of the above, there is no basis for granting his requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  _x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110024523



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ABCMR Record of Proceedings (cont)                                         AR20110024523



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