IN THE CASE OF:  	

      BOARD DATE:  	15 May 2013

      CASE NUMBER:  	AR20120023040
___________________________________________________________________________

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 his under other than honorable conditions discharge be upgraded to honorable and his reentry code changed.

2.  The applicant states, in effect, he went AWOL as a result of seizures that started while he was on Active Duty.  He contends he would have returned to duty if he did not have a problem with the seizures.  He also contends he was awarded a Purple Heart for his service in Iraq.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			20 December 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				24 October 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:				887th EN Co, Light Equip Abn, Fort Campbell 							KY
f. Current Enlistment Date/Term:		7 November 2002, 3 years
g. Current Enlistment Service:		1 year, 1 month, 22 days (The DD Form 214 								under review does not account for the period 								(030613-031004) which the applicant was 								AWOL.)
h. Total Service:				2 years, 4 months, 12 days
i. Time Lost:					144 days
j. Previous Discharges:			ARNG-010817-011022/NA											ADT-011023-020418/HD											ARNG-020419-021106/HD
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		63J10, QM & Chem Equip Rep
m. GT Score:					101
n. Education:					GED
o. Overseas Service:				SWA
p. Combat Service:				Kuwait/Iraq (030301-030615)
q. Decorations/Awards:			NDSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant's record shows that on 17 August 2010, he enlisted in the Army National Guard and served for 1 year, 2 months and 20 days.  On 7 November 2002 he enlisted in the Regular Army for a period of 3 years.  He was 18 years old at the time of entry and had a high school equivalency (GED).  He served in Iraq and his record documents no acts of valor or significant achievement.  He completed a total of 2 years, 4 months, and 12 days of active and inactive service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on   14 October 2003, the applicant was charged with the following offenses:

      a.  going AWOL (030613-031004)
      b.  wrongful use of marijuana x 2 between (021021 and 021121 and 030524 and 			     030624)
      c.  wrongful use of cocaine between (030617 and 030624)
      d.  shooting himself in the abdomen with his assigned M16A2 Rifle while in a hostile 	     	     zone (030518)  

2.  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.  

3.  In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge.  He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws.  The applicant confirmed he had no desire to perform further military service and did not submit a statement in his own behalf.  

4.  The applicant's chain of command recommended approval of the Chapter 10 request with a UOTHC discharge.  

5.  On 20 October 2003, the separation authority approved the applicant's request for discharge and directed that he be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate.  

6.  The applicant was discharged from the Army on 24 October 2003 with a characterization of service of UOTHC.  The DD Form 214 he was issued shows he completed 2 years, 8 months, and 4 days of total military service.  However, the DD Form 214 does not reflect the applicant's time lost for being AWOL from 13 June 2003 until his apprehension on 4 October 2003.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling's or action under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional documents.

POST-SERVICE ACTIVITY: 

None provided with the application.

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 his characterization of service was carefully considered.  However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

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 under other than honorable conditions 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 and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends his going AWOL was the result of his seizures and the concern of his family for his health.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, 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 the misconduct that led to his discharge.

5.  The applicant also contends he was awarded the Purple Heart for his service in Iraq.  However, the record is void of any information indicating the applicant was awarded the Purple Heart.  The DD Form 458 indicates the applicant was charged with intentionally injuring himself by shooting himself in the abdomen with his assigned rifle while serving in Iraq.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.

7.  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: 15 May 2013   Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 


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:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA




























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)		AR20120023040



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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