IN THE CASE OF:  	

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130003667
___________________________________________________________________________

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 his under other than honorable conditions discharge be upgraded to general, under honorable conditions.

2.  The applicant states, in effect, that he served his country by going to Iraq in 2006.  He went AWOL due to family issues at home and other issues related to his tour in Iraq.  He states that he lost his father and other family members.  Since his discharge, he has been working and has stayed out of trouble.  He would like to get an upgrade so that he can get better jobs to better support his family.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			21 February 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				29 June 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:				B Co, 2d Bn, 22d IN Regiment, Fort Drum, NY
f. Enlistment Date/Term:			23 August 2005, 3 years
g. Current Enlistment Service:		1 year, 3 months, 1 day 
h. Total Service:				4 years, 6 months, 10 days
i. Time Lost:					2,040 days 
j. Previous Discharges:			USAR (020514-050823), NA
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92Y10, Unit Supply Specialist
m. GT Score:					98
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None 
q. Decorations/Awards:			NDSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the US Army Reserve on 14 May 2002.  On 23 August 2005, he joined the regular Army for a period of 3 years.  He was 21 years old at the time and was a high school graduate.  His record indicates he served a total of 4 years, 6 months, and 10 days of creditable active and inactive service.  Although the applicant states he served in Iraq, his service record does not contain any information about a combat tour.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on     9 May 2012, the applicant was charged with the following offenses:

      a. AWOL from 28 July 2006 until his apprehension on 5 May 2007
      
      b. AWOL from 8 May 2007 until his apprehension on 5 March 2012.
      
2.  On 4 June 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 offenses, 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 did not submit a statement on his behalf.  The unit commander and senior intermediate commanders recommended approval of the discharge with a characterization of under other than honorable conditions.  

3.  On 19 June 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. 

4.  The applicant was discharged from the Army on 29 June 2012, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service shows he was AWOL 2 times for a total of 2,040 days (060728-070505, 070508-120305).  The record indicates he was apprehended.    

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Two counseling negative statements dated 8 March 2012 and 4 April 2012 for being AWOL and misplacing his identification card.

EVIDENCE SUBMITTED BY THE APPLICANT: 

DD Form 149, DD Form, 293, DD Form 214, and a self-authored statement.

POST-SERVICE ACTIVITY: 

The applicant states he has steadily been employed since his discharge.

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 discharge was carefully considered.  However, after examining the applicant’s record of service, the documents, and the issues 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 a discharge from the Army 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 applicant contends that he had good service which included a combat tour in Iraq.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the seriousness of his offense of being AWOL for over 5 and half years.  Moreover, the applicant states he served in Iraq; however, his service record contains no information about a combat tour.

4.  The applicant also contends he was having family issues that affected his behavior and ultimately caused him to go AWOL.  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.  Moreover, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
  
6.  Therefore, the reason for the discharge and 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:  12 July 2013    	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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)		AR20130003667

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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