IN THE CASE OF:  	

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130006038
___________________________________________________________________________

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, his discharge was improper due to his mental condition prior to enlisting in the Army.  He wanted to run away from his problems; he had not recovered from his grandfather’s death and he lacked judgment; due to his ignorance on how to handle resentment he began using drugs.  He was a good Soldier.  He believes that if had not enlisted in the Army with the mental conditions and polysubstance dependence; he would have successfully completed his enlistment.  He desires to receive VA benefits in hopes of a better future.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 March 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			13 June 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:			V Co, 262nd Quartermaster Battalion, Fort Lee, VA
f. Current Enlistment Date/Term:	16 November 2006, 3 years and 27 weeks
g. Current Enlistment Service:	5 months, 27 days
h. Total Service:			5 months, 27 days
i. Time Lost:				32 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	None
m. GT Score:				100
n. Education:				GED Certificate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army 16 November 2006, for a period of 3 years and 27 weeks.  He was 21 years old at the time of entry with a GED Certificate.  The record does not contain any evidence of acts of valor or meritorious achievements.  He was serving at Fort Lee, VA in advanced individual training (AIT) when his discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on      26 April 2007, the applicant was charged with absenting himself from his unit (AWOL)      (070319-070420).

2.  On 26 April 2007, 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 commander (LTC, AR, Commanding) recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

3.  On 30 May 2007, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions

4.  The applicant was discharged from the Army on 13 June 2007, 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 19 March 2007 through 19 April 2007, for 32 days, until he surrendered.  The applicant also had 44 days of excess leave from 1 May 2007 through 13 June 2007.

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 293, applicant’s issues/support statement, Certificate of Completion, Good Shepherd Center Recovery Program, Letter, Good Shepherd Center, two death certificates, medical documentation, nine pages and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant stated he completed the Good Shepherd Center Recovery Program.





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 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 his discharge was improper due to his mental condition prior to enlisting in the Army.  The applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  The evidence of record shows the applicant was discharged for misconduct (AWOL).

5.  The applicant further contends that he wanted to run away from his problems; he had not recovered from his grandfather’s death and he lacked judgment due to his ignorance on how to handle resentment so he began using drugs.  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.  

6.  The applicant also contends he was a good Soldier.  The applicant’s service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review.

7.  The applicant additionally contends that if he had not enlisted in the Army with his mental conditions and polysubstance dependence; he would have successfully completed his enlistment.  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.

8.  The applicant submitted independent medical documents which indicate he was diagnosed with Post-Traumatic Stress Disorder (PTSD) and other mental conditions to include substance dependence prior to enlisting in the Army.  However, these conditions did not overcome the reason for discharge and the characterization of service granted.  

9.  The applicant desires to receive VA benefits in hopes of a better future.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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:  27 September 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)		AR20130006038



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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