IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 May 2013

      CASE NUMBER:  	AR20120022592
___________________________________________________________________________

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 the discharge was both proper and equitable and voted to deny relief.




      
      
      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 an upgrade to his characterization from under other than honorable conditions to honorable.

2.  The applicant states, in effect, that during the two years of serving in the Army, he was not the model Soldier due to his alcohol dependence.  He has been sober for over two years and has a son.  He would like to serve in his community, but is limited by the characterization of his discharge. 
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	6 December 2012
	b.	Discharge Received:	Under Other than Honorable Conditions
	c.	Date of Discharge:	6 June 2003
	d.	Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial / AR 635-200, 
	Chapter 10 / KFS / RE-4
	e.	Unit of assignment:	HHC, 3rd Bn, 69th Armor, Fort Stewart, GA
	f.	Current Enlistment Date/Term:	4 October 2001/ 3 years
	g.	Current Enlistment Service:	1 year, 7 months, 13 days
	h.	Total Service:	1 year, 7 months, 13 days
	i.	Time Lost:	Civil Confinement (030314-030323) for 10 days; 
			(030412-030416) for 5 days; Military Pretrial 
			Confinement (030507-030511) for 5 days, a total of 20 
			days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	63A10, Abrams Tank System Maintainer
	m.	GT Score:	NIF
	n.	Education:	GED
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 4 October 2001 for a period of 3 years.  He was 19 years old at the time of entry and completed a GED.  He did not serve overseas and was assigned to Fort Stewart, Georgia.  His record indicates that he received no significant achievements or acts of valor.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 16 May 2003, the applicant was charged with the following offenses:

      a. failing to report to his appointed place of duty at the prescribed time (030130, 030306, 
	    030311, 030318)
      b. being disrespectful in deportment toward an NCO (030318) 
      c. assaulting two Soldiers (021006, 030317)
      d. being drunk and disorderly (030120)

2.  On 13 May 2003, 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 submitted a statement on his own behalf.  The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  

3.  On 21 May 2003, 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 6 June 2003, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service indicates a total of 20 days of time lost for civil confinement from 14 March 2003 through 23 March 2003 for 10 days and 12 April 2003 through 16 April 2003 for 5 days, and military pretrial confinement from 7 May 2003 through 11 May 2003 for 5 days.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Six negative counseling statements dated between 30 January 2003 and 18 March 2003, for showing up to work late, missing formations, sleeping on duty, assaulting a Soldier, disrespecting a commissioned officer.
      
2.  Civilian police department incident and investigation report, dated 20 January 2003, for disorderly conduct and public drunkenness.

3.  Four MP Reports, dated 2 and 4 May 2003; 20 January 2003; and 8 October 2002, that indicates the applicant was the subject of investigations for attempted suicide (2 incidents); public drunkenness; and assault.   


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any additional evidence other than DD Form 293, dated 6 November 2012 and DD Form214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 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.  

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

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

2.  The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge 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. 

3.  The UOTHC discharge received by the applicant was normal and appropriate under the regulatory guidance.  His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends that the issues that led to his discharge were the result of being alcohol dependent.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing numerous incidents of misconduct which led to the separation action under review. 

5.  Therefore, the reason and characterization of service being both proper and equitable, recommend the Board deny relief.

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:  None

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)		AR20120022592



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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