IN THE CASE OF:  	Ms. 

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130001132
___________________________________________________________________________

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 to be 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 of her under other than honorable conditions discharge to honorable (unspecified).

2.  The applicant states, in effect, that she tried to go back in the Army and correct her childish behavior that caused her discharge.  She feels ashamed for what she did and apologizes for her mistake.  She would like to rejoin the Army and correct her previous wrongdoings.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			23 January 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				12 December 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:				B Co, 3d Bn, 10th IN Regiment, Fort Leonard 							Wood, MO 	
f. Current Enlistment Date/Term:		IADT, 24 January 2007, 20 weeks	
g. Current Enlistment Service:		0 years, 5 months, 20 days
h. Total Service:				0 years, 6 months, 3 days
i. Time Lost:					152 days
j. Previous Discharges:			USAR (070111-070418), NIF
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
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 Reserve on 11 January 2007 for a period of 8 years.  She was 24 years old at the time and a high school graduate.  
On 24 January 2007, she was ordered to active duty for initial training for a period of 20 weeks.  Her record shows no significant achievements or awards. 



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The record also contains a DD Form 458, Charge Sheet, which was used to drop her from the rolls of the Army after her initial 30-day AWOL period.  It shows the applicant was charged with a violation of Article 85 of the Uniform Code of Military Justice for desertion.

2.  The DD Form 214 indicates that on 12 December 2007, the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Further, the DD Form 214 shows a Separation Code of KFS (in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4.

3.  The applicant’s available record shows a period of time lost, for being AWOL for 152 days, from 19 March 2007 until her apprehension on 17 August 2007.

4.  On 3 December 2007, HQDA USA Installation Management Command, Fort Sill, OK, Orders Number 337-0687, discharged the applicant from the Army effective 12 December 2007.

5.  The DD Form 214 (Report of Separation from Active Duty) she was issued, shows she completed 5 months and 20 days of creditable active military service which included 105 days of excess leave (070830-071212).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The available record contains no negative counseling’s or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 214 and a self-authored statement with her online application.

POST-SERVICE ACTIVITY: 

None were 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.  

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 a change in her discharge characterization was carefully considered.  However, after examining the applicant’s available military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 

2.  The applicant did not properly annotate the enclosed application requesting an upgrade to a specific characterization.  However, the Army Discharge Review Board considered the applicant for a possible upgrade to an honorable characterization of service, as instructed by Department of Defense Instruction 1332.28

3.  The applicant’s available record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge.  Her available record also contains a DD Form 458, Charge Sheet, for a violation of Article 85 (Desertion) of the Uniform Code of Military Justice.  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.  

4.  The applicant contends that she was young and acted childishly.  However, the record shows the applicant was 24 years old and 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.  The applicant has requested a change to the reentry code in order to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

6.  If the applicant desires a personal appearance, it is her responsibility to meet the burden of proof since the evidence is not available in the official record.  The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

7.  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:  7 June 2013 		Location:  Washington, DC

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:	NA
Change RE Code to:		NA
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)		AR20130001132

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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