BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017350 


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 upgrade of his under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states upgrading his discharge will allow him to continue his education so he can support his family.  He is jobless and unable to provide.

3.  The applicant provides an undated self-authored letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 August 2007.  He completed training and he was awarded military occupational specialty (MOS) 92A (Automated Logistics Specialist).

2.  The applicant was reported absent without leave (AWOL) fom 6 November 2009 to 15 March 2012, 25 March 2012 to 14 June 2012, and 15 June 2012 to
28 June 2012 for a total of 957 days at which time he was apprehended by civil authorities.  The applicant subsequently requested discharge under the provisions of chapter 10, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for the good of the service in lieu of trial by court-martial.  On 10 August 2012, the appropriate authority approved the applicant's voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an under other than honorable conditions discharge and reduction to the lowest enlisted grade.  On 
4 September 2012, he was discharged accordingly.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the authority of Army Regulation 635-200, chapter 10 with an under other than honorable conditions discharge by reason of in lieu of trial by court-martial.  He completed 2 years, 5 months, and 13 days of creditable active service with 957 days of time lost due to AWOL.

3.  On 10 October 2012, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his under than honorable conditions discharge.  On 8 August 2013, the ADRB reviewed the applicant's military personnel records and documents he submitted with his application.  The ADRB unanimously voted to deny the applicant's request for an upgrade and determined the applicant's discharge was both proper and equitable.  The ADRB Case Report and Directive partly outlines the circumstances surrounding the applicant's discharge processing.  It shows that the applicant was AWOL for 957 days from 
6 November 2009 until his apprehension on 28 June 2012.  The court-martial charge sheet, the applicant's election of rights and unit commander's recommendation are not contained in the applicant's available record.  Therefore, government regularity was presumed in the applicant's discharge process.

4.  The applicant provides an undated self-authored letter.  He states since his separation from the Army he has been doing his best to look out for his family and their well-being.  He has been unsuccessful at finding a job, his mother lost her job, and his father passed from a heart attack in May 2013.  In order for him to apply for education benefits, he needs his discharge upgraded.  He was an initial entry training Soldier when he left the military and he does not know how his paperwork was done assigning him to an active duty unit at Fort Hood, TX.  He left Fort Gordon, GA, because he failed his initial MOS course and reclassified into another course, that he also failed.  He did not want to go through another course.  He left and was never MOS-qualified to go to an active duty unit.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 under other than honorable conditions is normally considered appropriate.

	a.  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.

	b.  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 contention that he would like to continue his education by having his discharge upgraded was carefully considered.  The ABCMR does not grant requests to upgrade discharges solely for the purpose of making applicants eligible for education benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his/her discharge.

2.  The evidence of record does not include a separation packet that contains the specific facts and circumstances surrounding the applicant’s final discharge processing.  However, it does include an ADRB Case Report and Directive that outlines the circumstances surrounding his separation processing, his DD Form 214 shows he was discharged under the authority of Army Regulation 635-200, chapter 10 with an under other than honorable conditions discharge by reason of in lieu of trial by court-martial.

3.  In connection with such a discharge, he would have been charged with the commission of an offense punishable with a punitive discharge under the Uniform Code of Military Justice (UCMJ).

4.  Procedurally, the applicant would have been required to consult with defense counsel and to voluntarily request separation from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt to the stipulated offense(s) under the UCMJ that authorized the imposition of a punitive discharge. In the absence of information to the contrary, it is concluded that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

5.  The applicant's military service record documents no acts of valor, significant achievement or service warranting special recognition that would have warranted the issuance of a general or honorable discharge at the time of his discharge, or that would support an upgrade at this time.  Therefore, there is an insufficient evidentiary basis to support granting the 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)                                         AR20130017350





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ABCMR Record of Proceedings (cont)                                         AR20130017350



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