IN THE CASE OF:  	Ms.

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130000104
___________________________________________________________________________

Board Determination and Directed Action

1.  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 characterization of service was too harsh based on the applicant’s length and quality of service, combat service, and the circumstances surrounding her discharge, 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.  This action entails restoration of grade to E-4/SPC.

2.  Further, the Board directed the following corrections to the DD Form 214 on the basis of equity:

      a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, 
      b. block 26, separation code changed to JKQ, 
      c. block 27, reentry code to 3,
      d. block 28, narrative reason for separation changed to Misconduct (Serious Offense).  



      
      
      
      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 of her under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, that she was unjustly forced to accept the UOTHC discharge before she had the results of her sanity board.  This board determined she was suffering from a mental disease and she feels the UOTHC discharge was too severe.  Her discharge should have been based on a physical or mental disability.  She was confined to the barracks and her command did not provide her with any assistance in traveling to the medical facility.  She has been denied Veterans benefits and wants to receive disability.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			26 December 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				19 October 2012
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:				226th Quartermaster Co, Fort Stewart, GA
f. Enlistment Date/Term:			1 October 2010, 5 years
g. Current Enlistment Service:		2 years, 0 months, 11 days
h. Total Service:				4 years, 2 months, 11 days
i. Time Lost:					8 days 
j. Previous Discharges:			RA (080731-100930), HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92A10, Automated Logistics Specialist
m. GT Score:					85
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Afghanistan (100326-110227)
q. Decorations/Awards:			AAM, AGCM, NDSM, ACM-CS, GWOTSM 								ASR, OSR, NATO MDL, MUC
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the US Army on 31 July 2008.  On 1 October 2010, she reenlisted for a period of 5 years.  She was 20 years old at the time and was a high school graduate.  Her record indicates she served a total of 4 years, 2 months, and 11 days of creditable active duty service which included a combat tour in Afghanistan.  Her record shows she earned an AAM and AGCM.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains two DD Forms 458, Charge Sheets, which indicate that on     7 March 2012 and on 8 May 2012, the applicant was charged with the following offenses:

      a. AWOL from 8 November 2011 until 15 November 2011.  
      b.  Wrongful use of marijuana (110919-111019)
      c.  Wrongful use of marijuana (111101-111201)
      d.  Feigned knee pain to avoid work (110712-120307)

2.  On 25 September 2012, 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 she understood she 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 her behalf.  The unit commander recommended approval of the discharge with a characterization of under other than honorable conditions.  

3.  The senior intermediate commanders reviewed the Chapter 10 request and recommended approval with a discharge characterization of under other than honorable conditions.

4.  On 5 October 2012, 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. 

5.  The applicant was discharged from the Army on 19 October 2012, with a characterization of service of under other than honorable conditions.

6.  The applicant’s record of service show a period of AWOL for 8 days of time lost (111108-111115).  The mode of return is not contained in the record. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Memorandum dated 14 September 2002, Sanity Board Conclusions.

2.  There are no negative counseling’s or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT: 

A DD Form 214, Sanity Board Evaluation, Honorable Kingston letter, Honorable Castor letter.


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 the characterization of her discharge was carefully considered.  

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

	a. Length and quality of service:  The applicant served for a total of 4 years, 2 months and 11 days which included a combat tour in Afghanistan.

	b. The applicant received several awards, specifically one AAM and an AGCM.

	c. The applicant’s record contains the results of a sanity board dated 14 September 2012, which indicates she was suffering from a mental disease or defect that rendered her unable to understand the nature of the proceedings against her or to conduct or cooperate intelligently in her own defense.  If the applicant was not capable of understanding or cooperating on her defense, it can be concluded she also was also not capable of understanding the Chapter 10 process.  Based on the sanity board conclusions, the command had the option to discharge the applicant under a different Chapter that did not require her appearance before a board but chose to accept the Chapter 10 request and discharge the applicant with an under other than honorable conditions characterization of service.

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh and as a result inequitable. 

4. The applicant contends she was forced to accept the UOTHC discharge before the results of the sanity board were published.  However, the record shows the results of the sanity board are dated 14 September 2012 and her request for a Chapter 10 discharge is dated 25 September 2012; thus, her contention is without merit.  

5.  The applicant also contends that she has been denied veterans benefits and wants to receive disability.  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.

6.  In view of the foregoing, it appears the characterization and the reason for the discharge are 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 conditions.  Further, it is also recommended the separation authority be changed to AR 635-200, paragraph 14-12c, the SPD code changed to JKQ and the RE code to 3.






















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review   Date:   7 June 2013           Location:   Washington, DC

Did the Applicant Testify?  NA 

Counsel: 			None

Witnesses/Observers: 	NA

Board Vote:
Character Change:  4	No Change:  1
Reason Change:	2	No Change:  3
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	General, Under Honorable Conditions
Change Reason to:			Misconduct (Serious Offense)
Change Authority for Separation:	AR 635-200, Para 14-12c
Change RE Code to:		3
Grade Restoration to:		SPC/E-4
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)		AR20130000104

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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