IN THE CASE OF:  	

      BOARD DATE:  	19 June 2013

      CASE NUMBER:  	AR20130002102
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined that the applicant's length and quality of his service, receipt of awards, and post service accomplishments were not significantly meritorious to overcome the seriousness of the misconduct that caused his separation from the Army, and as a result the discharge was found to be proper and equitable.  The Board voted to deny the relief requested because it found the nature of the applicant's misconduct of being AWOL for 84 days does not warrant the award of a general, under honorable characterization of service.  


      
      
      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 his under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, that he began drinking heavily when his stepfather passed away.  His fiancé left him and his downhill spiral continued and he began using drugs.  He was embarrassed that he had let himself become depressed and felt that no one could help him.  He received an Article 15 for failure to report and was given multiple warnings.  He felt there was only one option for him to get clean and free of drugs and alcohol so he bought a bus ticket home.  He contacted one of his NCOs and let him know where he was.  After he finished detoxing he returned to Fort Sill where he turned himself in.  He was gone 86 days, during which nobody from his unit tried to contact him.  Although, he asked to be returned to his unit or stationed at a different unit to complete his enlistment; he was sent to the post correction facility and told that he had no say in the matter and that he would be processed out of the Army.  He was never given the chance to fix the wrong he committed.  Prior to turning to alcohol and drugs he was a good Soldier and received some awards.  Since his discharge he has not been in trouble with law enforcement, has maintained a job and worked his way up from an assembler to a welder and fabricator.  He changed jobs so he could attend school at the Motorcycle Mechanics Institute and is maintaining a 4.0 GPA while working full time.  He regrets that he dishonored the military the way he did.  One of the lessons he learned was that you are never too big of an adult to ask for help.  It is a lesson he has tried to teach to his girlfriend’s children for the past four years, as he considers them his own children.  He is a proud member of the Patriot Guard and the American Legion Riders and has been commended for his civic participation from his state’s house of representatives. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013	
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			15 May 2006	
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 Battery, 1st Battalion, 78th Field Artillery            						Fort Sill, OK			
f. Current Enlistment Date/Term:	30 July 2002, 5 years
g. Current Enlistment Service:	3 years, 6 months, 21 days
h. Total Service:			3 years, 6 months, 21 days
i. Time Lost:				84 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	94M10, Radar Repairer
m. GT Score:				107
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AAM, AGCM, NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 30 July 2002, for a period of 5 years.  He was      19 years old at the time of entry, a high school graduate, earned an AAM, an AGCM, and completed 3 years, 6 months, and 21 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 84 days of time lost for being AWOL from 22 October 2005 until he surrendered to the military on 16 January 2006.

2.  On 18 January 2006, a court-martial charge was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offense outlined in the preceding paragraph.  On 20 January 2006, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to him.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200.

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 on his behalf.  

4.  On 20 January 2006, the applicant was placed on excess leave for a period of 116 days (060120-060515).

5.  On 13 April 2006, 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.  On 15 May 2006, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 3 years, 6 months and 21 days of creditable active military service and accrued 84 days of time lost due to being AWOL. 
 
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

  A DD Form 458, Charge Sheet, dated 18 January 2006.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 293 with a self-authored statement, various certificates, and various documents from his AMHRR which includes a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant states he is employed and attending school to be a Motorcycle Mechanic.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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.  

2.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

DISCUSSION AND RECOMMENDATION:

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

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

	a. Length and quality of service:  The applicant served 3 years, 6 moths, and 21 days of a 5-year enlistment, thus the preponderance of his service was honorable.

	b. The record confirms the applicant received an AAM which was for his dedication to duty and attention to detail.

	c. The applicant’s post-service accomplishments as provided in several of the documents with his application that indicates he has become a contributing member of his community and is active in various civic organizations.

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 may now be too harsh and as a result inequitable. 

4.  The applicant contends that he became depressed and started drinking heavily after his step father passed away and that affected his behavior and ultimately caused him to be discharged.  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 the misconduct which led to the separation action under review.  

5.  In view of the foregoing, it appears the characterization of the discharge is now 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.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	  Date:  19 June 2013          Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130002102

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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