IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120021478
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 reason for separation be changed.
2. The applicant states "the reasons why my discharge should be changed is because I've been in and I've had good conduct. I've never had any problems with my Drill Sgts or any upper ranked NCO or Officer. I got discharged for military desertion, which is something serious. I went to Fort Knox and wanted to go back to my unit, but somehow that didn't work out as I thought it would have. I really want to prove myself as a civilian and as a soldier that I'm committed to this service. The economy is bad and I really need help supporting my family and myself as well and I didn't do this desertion on purpose, this was a lack of communication on my part."
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 9 May 2010, completed training, and was awarded military occupational specialty 88N (Traffic Management Coordinator).
2. The applicant was absent without leave (AWOL) from 19 October 2010 through 15 March 2011. The applicant's AWOL ended when he was apprehended by civilian authorities as a deserter.
3. Upon return to military control court-martial charges were preferred for the extended period of absence.
4. On 21 March 2011, after consulting with counsel and being advised of his rights and options, the applicant submitted a formal request for discharge for the good of the service in lieu of trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge under the provisions of Army Regulation
635-200 (Personnel Separations Enlisted Personnel), chapter 10. He acknowledged that he was guilty of the charges or of lesser-included charges and that he could receive a discharge under other than honorable conditions (UOTHC) if the request were accepted. He acknowledged that such a discharge would deprive him of many or all of his benefits as a veteran and that he could expect to experience substantial prejudice in civilian life if he received a discharge UOTHC.
5. The court-martial convening authority approved the request and directed the issuance of a discharge UOTHC and that the applicant be reduced to private E-1.
6. The applicant was discharged with an UOTHC on 26 May 2011 under the provisions of Army Regulation 635-200, chapter 10 (separation in lieu of trial by court-martial). He had completed 7 months and 21 days of creditable service with 148 days of lost time.
7. The applicant's records do not show any significant service, award of any personal decorations, or receipt of any favorable commendations or comments.
8. On 5 October 2012, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge and did not deem it appropriate to change his narrative reason for discharge.
9. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.
a. An honorable discharge is a separation with honor. The honorable characterization of service is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty.
b. A general discharge is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge.
c. A service 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 under the provisions of chapter 10 at any time after the charges have been preferred. A discharge UOTHC is normally considered appropriate.
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the narrative reason for separation is based on regulatory or other authority for which a Soldier is being separated.
DISCUSSION AND CONCLUSIONS:
1. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial was administratively correct and in conformance with applicable regulations. There is no indication that his request was made under coercion or duress.
2. The record does not contain and the applicant has not provided any evidence that the reason for separation was or should have been anything other than "in lieu of trial by court-martial." Therefore, there is insufficient evidence on which to base granting the relief requested.
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.
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ABCMR Record of Proceedings (cont) AR20120021478
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