IN THE CASE OF:  

		BOARD DATE:  23 September 2014  	  

		DOCKET NUMBER:  AR20140002128 


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 that his discharge under other than honorable conditions be upgraded to an honorable discharge.

2.  The applicant states that at the time of his discharge, the authorities claimed he was absent without leave (AWOL) from his duty station.  However, he was on leave in Sallisaw, OK when an ice storm hit the area and he was not able to make it back on time.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 September 2007.  He completed initial entry training and was awarded military occupational specialty (MOS) 12N (Horizontal Construction Engineer).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.  However, at the time of his discharge he held the rank/grade of private (PV1)/E-1.

2.  The applicant's record contains a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 20 January 2010, which shows he departed his unit in an AWOL status on 18 December 2010.  On 20 January 2011, his unit dropped him from the rolls.


3.  On 7 February 2011, the applicant's company commander rendered a memorandum initiating action to disqualify the applicant for award of the Army Good Conduct Medal (in his absence) due to being flagged at the time for being on the overweight program.

4.  The applicant's record contains a DD Form 553, dated 1 March 2011, which shows he was apprehended by civilian authorities in Sallisaw, OK on 1 March 2011 and returned to military control.

5.  The complete facts and circumstances leading to the applicant's discharge are not available for review with this case.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under other than honorable conditions under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in lieu of trial by court-martial on 31 May 2011.  He completed 3 years, 5 months, and 23 days of total active service with 2 months and 14 days of time lost.

6.  On 15 February 2013, the President of the Army Discharge Review Board (ADRB) notified the applicant that after careful review of his application, military records and all other available evidence, the ADRB determined that he was properly and equitably discharged.  Accordingly, his request for a change in the character and/or reason of his discharge was denied.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service in lieu of trial by court-martial at any time after court-martial charges were preferred.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, the type of discharge normally given under the provisions of this chapter, the loss of Department of Veterans Affairs benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  A discharge under other than honorable conditions is normally given to an individual who was discharged for the good of the service.

	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 and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
	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's contention that his record should be corrected to show he received an honorable discharge was carefully considered.

2.  Although the applicant contends that he was unable to return to his duty station due to an ice storm, there is no evidence in his record and he has not provided sufficient evidence to support this contention or that he contacted his unit to inform them that his return would be delayed.  Additionally, the occurrence of an ice storm would not fully explain why he was AWOL for a period of 2 months and 14 days.

3.  The evidence of record indicates he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.

4.  In view of the foregoing, there is no basis for granting the applicant an honorable or a general discharge-.

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)                                         AR20140002128





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002128



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1