IN THE CASE OF:  	

      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130003487
___________________________________________________________________________

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 an upgrade of his discharge from under other than honorable conditions to general, under honorable conditions.

2.  The applicant states, in effect, he was served honorably for over three years from               5 September 2002 through 27 October 2005; he was awarded the Army Good Conduct Medal (AGCM) and he successfully served a one-year deployment to Iraq from March 2004 until March 2005.  He attempted to obtain treatment for mental health issues prior to each AWOL period.  He requested issuance of a DD Form 215 to correct item 12d on his DD Form 214 to reflect his prior active service of 3 years, 1 month and 23 days and his basic active service dated (BASD) as (20020905-20051027).

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 February 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			15 April 2010
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, 3-8th Cavalry Regiment, Fort Hood, TX
f. Current Enlistment Date/Term:	24 May 2006, period of service is not in the file
g. Current Enlistment Service:	6 months, 21 days
h. Total Service:			3 years, 8 months, 23 days
i. Time Lost:				1,219 days
j. Previous Discharges:		USAR-(020305-020904)/NA									RA-(020905-060523)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				120
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (0403-0503)/prior service
q. Decorations/Awards:		AGCM, NDSM, GWOTEM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant was initially in the delayed entry program from 5 March 2002 until 4 September 2002.  He enlisted in the Regular Army 5 September 2002, for a period of 4.  He was 20 years old at the time of entry and had less than a high school diploma.  His record also shows he served a prior combat tour and earned an AGCM.  The record indicates he enlisted on 24 May 2006, the period of service is not contained in the available record.  This period of service does not contain any evidence of acts of valor or meritorious achievements.  He was serving at Fort Hood, TX, when his discharge was initiated.  Additionally, information is missing from the applicant’s DD Form 214 and a DD Form 215 was to be issued to provide this information.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on      11 March 2010, the applicant was charged with absenting himself from his unit (AWOL) (060601-091002).

2.  On 16 March 2010, 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 he understood he 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 submitted a statement on his behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  The intermediate and senior commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

3.  On 31 March 2010, 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.

4.  The applicant was discharged from the Army on 15 April 2010, with a characterization of service of under other than honorable conditions under the provisions of Chapter 10,             AR 635-200, by reason of in lieu of trial by court-martial, a Separation Program Designator code (SPD) of KFS and an RE code of 4.

5.  The applicant's record of service shows he was AWOL during the period 1 June 2006 through 1 October 2009, for 1,219 days, until he was apprehended.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record of service does not contain any negative counseling statements or actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149; DD Form 214, two Enlisted Record Briefs(ERB); Duty Status Listings; Memorandum for Record, Attesting Certificate; DD Form 553 (Deserter/Absentee wanted by the Armed Forces); signature verification; Letter, Department of Veterans Affairs; Correspondence, requesting AMHRR and DD Form 215;  DOD MEPS Orders 165-17; two Memoranda for Record, combat stress company; Medical Documents, ten pages; Supportive Services for Veteran Families; and Discharge Orders 105-0178.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

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.  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.  

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.  Army Regulation 635-200, 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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

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 documents 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 for the good of the service 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 he served honorably for over three years from 5 September 2002 through 27 October 2005; he was awarded the Army Good Conduct Medal (AGCM) and he successfully served a one-year deployment to Iraq from March 2004 until March 2005.  Careful consideration was given to his entire service record, to include his prior service; however, this service was determined not to be sufficiently meritorious to warrant an upgrade of the discharge under review.

5.  The applicant further contends he attempted to obtain treatment for his mental health issues prior to each AWOL period.  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, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

6.  The applicant requested issuance of a DD Form 215 to correct item 12d on his DD Form 214.  The creation of discharge certificates is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO  63132.  Former National Guard personnel: contact the State National Guard Office for assistance.  The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge.  The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge. 

7.  The applicant requests his basic active service dated be corrected to (20020905-20051027).  This change to the DD Form 214 does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  

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

9.  Therefore, the reason for discharge and the 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:  2 August 2013          Location:  Washington, DC

Did the Applicant Testify:  No 

Counsel:  Yes


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)		AR20130003487



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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