IN THE CASE OF:  	

      BOARD DATE:  	24 July 2013

      CASE NUMBER:  	AR20130004356
___________________________________________________________________________

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 is hospitalized for combat related illnesses and has been at several mental centers during the last 14 months.  His combat related illnesses are the result of the discharge he received.  After his deployment he was deeply depressed and having severe Post Traumatic Stress Disorder (PTSD) issues.  His commander did not order a mental status evaluation to be conducted; had he done so he (applicant) would have received counseling and medication which could have prevented his actions that led to his discharge from the Army.

DISCHARGE UNDER REVIEW INFORMATION:

Application Receipt Date:		28 February 2013
Discharge Received:		Under Other Than Honorable Conditions
Date of Discharge:			5 May 2006
Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial/AR-635-200       								Chapter 10/KFS/RE-4
Unit of assignment:			D Battery, 3d Battalion, 4th ADA Rgt, Fort Bragg, NC 
Current Enlistment Date/Term:	10 April 2002, 3 years
Current Enlistment Service:	2 years, 10 months, 23 days
Total Service:			2 years, 10 months, 23 days
Time Lost:				429 days
Previous Discharges:		None
Highest Grade Achieved:		E-3
Military Occupational Specialty:	14J10 AD C4I, TOC Enhancement Operator			
GT Score:				116
Education:				GED Certificate
Overseas Service:			None
Combat Service:			None
Decorations/Awards:		GWOTSM, ASR
Administrative Separation Board: 	No
Performance Ratings:		No
Counseling Statements:		No
Prior Board Review:			No

SUMMARY OF SERVICE:	

The applicant enlisted in the Regular Army on 10 April 2002, for a period of 3 years.  He was 20 years old at the time of entry with a GED certificate.  He was trained in and was awarded military occupational specialty (MOS) 14J10 AD C4I, TOC Enhancement Operator/Maintainer.  The record does not contain any evidence of acts of valor or meritorious achievements.  
He was serving at Fort Bragg, NC when his discharge was initiated.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates on                17 March 2006, the applicant was charged with absenting himself from his unit (AWOL) (040910-051113).

2.  On 4 April 2006, 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 did not submit a statement on his behalf.  The unit and intermediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

3.  On 21 April 2006, the separation authority approved and directed the discharge with a characterization of service of under other than honorable conditions.  

4.  The applicant was discharged from the Army on 5 May 2006, 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 of 10 September 2004 through 12 November 2005, for 429 days, until he was apprehended by civil authorities.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; DD Form 214; Discharge Orders 115-0363 and amended Orders 124-0283.

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 issues 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 combat service, showed no acts of significant achievement or valor and did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority and it does not support an upgrade of a general, under honorable conditions or an honorable discharge at this late date.

4.  The applicant contends he was hospitalized for combat related illnesses and being seen at several mental centers during the last 14 months.  The applicant did not submit any evidence to support this contention that he was hospitalized for combat related illnesses.  

5.  The applicant further contends his combat related illnesses are the result of the discharge he received.  The record of evidence does not support the applicant’s claim he served in combat and he did not provide any documentation to support his combat service.  The applicant was discharged for being AWOL 429 days from his unit at Fort Bragg, NC.

6.  The applicant also contends after his deployment he was deeply depressed and having severe PTSD issues.  However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention his discharge was the result of any medical condition.  

7.  The applicant additionally contends his commander did not order a mental status evaluation to be conducted and had he done so he (applicant) would have received counseling and medication which could have prevented his actions that led to his discharge from the Army.
The record does not contain any evidence the applicant requested a separation physical; wherein, paragraph 10-6, AR 635-200, indicates a medical or mental examination is not required but may be requested under AR 40-501, Chapter 8.

8.  Furthermore, the rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature.

9.  Moreover, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

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

11.  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:  24 July 2013      Location: Washington, DC

Did the Applicant Testify:  No

Counsel:  No

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)		AR20130004356



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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