IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 May 2013

      CASE NUMBER:  	AR20120020940
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined that the characterization of service is now too harsh based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined the reason for discharge was proper and equitable and voted not to change it.  



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests his under other than honorable conditions discharge be upgraded to general, under honorable conditions.

2.  The applicant states, in effect, that he is requesting an upgrade on the basis of equity.  He feels ashamed about what he did but his service while on active duty and his post service conduct have been excellent.  He provides a detailed statement with his military accomplishments and the events that led to the discharge from the Army.  He also provides samples of other ADRB cases that are similar to his case where the Board granted relief.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			8 November 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				31 May 2000
d. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, AR 635-200, 								Chapter 10, KFS, RE-3
e. Unit of assignment:				HHC, 2d Bn, 82d Aviation Bde, Fort Bragg, NC
f. Enlistment Date/Term:			16 November 1995, 6 years
g. Current Enlistment Service:		4 years, 6 months, 15 days
h. Total Service:				15 years, 7 months, 27 days
i. Time Lost:					None 
j. Previous Discharges:			RA (841004-870514), HD   										RA (870515-891108), HD  											RA (891109-920514), HD  											RA (920515-951115), HD				
k. Highest Grade Achieved:			E-7
l. Military Occupational Specialty:		67T10, UH-60 Helicopter Repairer
m. GT Score:					99
n. Education:					HS Graduate
o. Overseas Service:				SWA, Germany, Korea, Turkey, Bosnia, Haiti
p. Combat Service:				SWA (900924-910309)
q. Decorations/Awards:			AM, JSCM, ARCOM-6, AGCM-5, NDSM, 								AFEM-2, AFEM-2, SWA-2, SWASM, AFSM, 								HSM-2, MOVSM, NPDR-3, ASR, OSR-7
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			Yes
u. Prior Board Review:				No


SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 4 October 1984.  He reenlisted on several occasions and his last contract shows he had reenlisted for a period 6 years.  At the time of his last reenlistment he was 29 years old.  The applicant achieved the rank of SFC/E-7, received numerous awards as stated above and served in combat in South West Asia during the first Gulf War.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on    13 April 2000, the applicant was charged with the following offenses:

      a. disobeyed a lawful order from a commissioned officer (000318) to have no further contact with Ms. C
      b. used his position as First Sergeant to commit an act prejudicial to the good order and discipline of the Armed Forces by suggesting to CPL C, a married woman, to move back into the barracks, in order to facilitate access and opportunity for him to create a relationship with Mrs. C.
      c. wrongfully had sexual intercourse with Mrs. C (000318), a woman not his wife
      
2.  On 4 May 2000, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  The applicant indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement on his own behalf.  The unit commander recommended trial by court-martial and the intermediate commanders recommended approval of an under other than honorable conditions discharge.  

3.  On 11 May 2000, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  The applicant was reduced to the lowest enlisted rank. 

4.  The applicant was discharged from the Army on 31 May 2000, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service does not show any record of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one counseling statement dated 19 March 2000, in which the applicant is informed of actions taken against him to remove him from his First Sergeant duties.  

2.  The record contains numerous NCOERs and the last 5 reports indicate the rater rated him as among the best and the applicant received a 1/1 rating from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a copy of his DD Form 214, a self-authored statement, 4 character reference letters, and 2 ADRB cases from the DoD Reading Room..  

POST-SERVICE ACTIVITY: 

The applicant states he works as a project manager for a flooring company, has volunteered with the Boy Scouts and is very active in his church.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) 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 UOTHC is normally considered appropriate.

2.  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.

3.  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 RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit a partial upgrade of the applicant's characterization to general, under honorable conditions for the following reasons:  

	a. Length and quality of his service:  The applicant served for over 15 years without a blemish in his record.  The period of service under review indicates he served 4 years, 6 months and 15 days of a 6-year reenlistment period.  In all it appears, the preponderance of his service was honorable.

	b. The record confirms the applicant received numerous awards including an AM, JSCM, 6 ARCOMs, 5 AGCMs, and others that attest to his service accomplishments.

	c. The applicant achieved the rank of Sergeant First Class and his record does not contain any evidence of negative counseling’s (except for the one notifying him of relief as the unit 1SG) or any other action under the Uniform Code of Military Justice.  

3.  This recommendation is made after full consideration of the entire applicant’s faithful and honorable service, as well as the incidents of misconducts that brought the court-martial charges against him.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable.  

4.  The applicant desires to continue his education and obtain VA benefits; however, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review   Date:  1 May 2013  	Location: Washington, DC

Did the Applicant Testify?  N/A 

Counsel:  yes [ REDACTED ]

Witnesses/Observers: N/A

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	N/A
Change RE Code to:		N/A
Grade Restoration to:		N/A
Other:					N/A

















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20120020940

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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