BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015403 


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 an upgrade of his under other than honorable conditions discharge. 

2.  The applicant states he was discharged under chapter 10 for being absent without leave (AWOL).  This was an isolated incident in 7 years of good service. 

3.  The applicant does not provide any documentary evidence in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) on 18 November 2003 and he held military occupational specialty 19D (Cavalry Scout).  He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of sergeant/E-5. 

2.  He served in Iraq from March 2007 to May 2008.  He was awarded or authorized the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Korea Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, and Overseas Service Ribbon (2nd Award).

3.  On 30 August 2011, the applicant departed his Fort Stewart unit in an AWOL status and on 29 September 2011, he was dropped from the rolls of the Army as a deserter. 

4.  He ultimately surrendered to military authorities on 15 December 2011.  Following his return, on 4 January 2012, court-martial charges were preferred against him for one specification of being AWOL from 30 August to 15 December 2011 and one specification of wrongfully using spice. 

5.  On 9 January 2012, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), of the possible effects of an under other than honorable conditions discharge if the request was approved, and of the procedures and rights that were available to him.  Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 

6.  In his voluntary request for discharge, the applicant indicated/acknowledged:

* he was making the request of his own free will and he had not been subjected to any coercion whatsoever by any person
* he did not desire any further rehabilitation under any circumstances because he had no desire to perform further service
* he understood that by requesting discharge he was admitting guilt to the charge against him or to a lesser-included offense that also authorized the imposition of a bad conduct or an under other honorable conditions discharge
* he understood if his request for discharge was accepted, he could be discharged under other than honorable conditions
* if his discharge request was approved he could be deprived of many or all Army benefits and he could be ineligible for many or all benefits administered by the Department of Veterans Affairs
* he could be deprived of his rights and benefits as a veteran under both Federal and State laws
* he elected not to submit a statement in his own behalf 

7.  On 9 January 2012, the applicant’s immediate, intermediate, and senior commanders recommended approval of the applicant’s request for discharge with the issuance of an under other than honorable conditions characterization of service. 

8.  On 13 January 2012, the separation authority approved the applicant's request for discharge and directed that he receive an under other than honorable conditions discharge and be reduced to the lowest enlisted grade, if applicable.  Accordingly, the applicant was discharged on 27 January 2012. 

9.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under other than honorable conditions in accordance with chapter 10 of Army Regulation 635-200, in lieu of trial by court-martial.  This form also shows that he completed 7 years, 10 months, and 24 days of active military service and had lost time from 30 August 2011 to 21 December 2011.  His DD Form 214 also listed his continuous honorable service from 18 November 2003 through 6 October 2009 and listed his periods of reenlistment.

10.  On 14 August 2014, the Army Discharge Review Board (ADRB) reviewed the characterization of his service but found it proper and equitable.  As such, the ADRB denied his petition for a change to the characterization of his service. 

11.  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 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 records shows he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  His DD Form 214 listed in item 18 his continuous honorable service from 18 November 2003 to 6 October 2009, identified his periods of reenlistment, and identified his lost time.  

2.  The applicant enlisted in the Regular Army in November 2003.  He served through multiple reenlistments, in a variety of assignments, and he attained a noncommissioned officer rank.  During his final period of service, not only did the applicant go AWOL, he also wrongfully used illegal drugs.  

3.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.  Therefore, he is not entitled to an upgrade of his discharge to either general or honorable. 

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)                                         AR20140015403



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ABCMR Record of Proceedings (cont)                                         AR20140015403



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