IN THE CASE OF:  	

      BOARD DATE:  	15 May 2013

      CASE NUMBER:  	AR20130000308
___________________________________________________________________________

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 general, under honorable conditions.

2.  The applicant states, in effect, that he was young at the time of discharge and regrets his past actions.  He contends he is now more mature and has changed his life around.  He is a business owner with a baby on the way and wants to set a good example.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			31 December 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				16 February 2007
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, 1st Bn, 21st IN, Schofield Barracks, HI
f. Current Enlistment Date/Term:		28 December 2005, 3 years and 16 weeks
g. Current Enlistment Service:		1 year, 1 month, 14 days
h. Total Service:				1 year, 1 month, 14 days
i. Time Lost:					5 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		11B10, Infantryman
m. GT Score:					98
n. Education:					HS Graduate
o. Overseas Service:				Hawaii
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 28 December 2005 for a period of 3 years and 16 weeks.  He was 18 years old at the time and a high school graduate.  He was serving at Schofield Barracks, HI when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the available record contains 
a DD Form 458, Charge Sheet, which indicates that on 8 February 2007, the applicant was charged with the following offenses:

      a.  unlawfully striking another Soldier in the face (070131)
      b.  unlawfully striking a noncommissioned officer in the face (070201)
      c.  communicating a threat to injure a senior noncommissioned officer (070201)

2.  The applicant's request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial and the chain of command recommendations are not contained in the available records.  

3.  On 12 February 2007, the separation authority approved the applicant's request for discharge in lieu of trial by court-martial, under the provisions of Chapter 10, AR 635-200, directed that he be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate.

4.  The applicant was discharged from the Army on 16 February 2007 with a characterization of service of UOTHC.  The DD Form 214 he was issued shows he completed 1 year, 1 month, and 14 days of creditable active military service.  This includes 5 days for pretrial confinement (070202-070206) and 10 days of excess leave (070207-070216).  The DD Form 214 under review indicates the applicant had 15 days of excess leave (070202-070216); however, evidence shows the applicant was placed in pretrial confinement 2 February 2007 and released on 7 February 2007.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling's or actions under the Uniform Code of Military Justice.  However, a DA Form 5112, Checklist for Pretrial Confinement, indicates the applicant received 2 Articles 15 for underage drinking and assault consummated by battery.  

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 and a change to the reentry code 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.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains the charge sheet and the separation authority's memorandum, dated 12 February 2007, approving the applicant's request for discharge in lieu of trial by court-martial, under the provisions of Chapter 10, AR 635-200, and directing that he be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate.  Barring evidence to the contrary, it appears 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 he was young and immature at the time of discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

5.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus 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?  NA 

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)		AR20130000308



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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