IN THE CASE OF:  	Ms. 

      BOARD DATE:  	28 June 2013

      CASE NUMBER:  	AR20130006140
___________________________________________________________________________

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 honorable.

2.  The applicant states, in effect, that he had five and a half years of good and selfless service which reflects his integrity, loyalty, and respect built on the core values of the Army.  He is currently a homeless veteran with abundant amount of knowledge and skills and hopes for a little bit of relief.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			26 March 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				20 December 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:				HHC, 2d Bde Support Bn, Fort Carson, CO
f. Enlistment Date/Term:			11 July 2002, 5 years
g. Current Enlistment Service:		5 years, 5 months, 10 days
h. Total Service:				5 years, 5 months, 10 days
i. Time Lost:					None 
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92F10, Petroleum Supply Specialist
m. GT Score:					113
n. Education:					HS Graduate
o. Overseas Service:				SWA, Korea
p. Combat Service:				Iraq (040808-050801)
q. Decorations/Awards:			AGCM, GWTSM, NDSM, ICM, ASR, OSR	
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 on 20 December 2007 for a period of 5 years.  He was 17 years old at the time and a high school graduate.  His record does not contain any extension or reenlistment documents; however, his Enlisted Record Brief shows an ETS date of 7 April 2008.  He served a total of 5 years, 5 months and 10 days which included a combat tour in Iraq.  He received an ARCOM award.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on     25 July 2007, the applicant was charged with the following offenses:

      a. Four specifications of failure to report (060110-060224, 061114, 070420)
      b. Missed movement to Iraq through design (070520)
      c. Treated with contempt a superior NCO (070514)
      d. Disrespectful in language to an NCO (070514)
      e. Disobeyed a lawful order from an NCO (070520)
      f.  With intent to deceive, provided a false statement (070514)
      
2.  On 30 November 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 offenses, or a lesser included offenses.  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 recommended approval of the discharge with a characterization of under other than honorable conditions.  

3.  The senior intermediate commanders reviewed the Chapter 10 request and recommended approval with an under other than honorable conditions discharge.

4.  On 11 December 2007, 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. 

5.  The applicant was discharged from the Army on 20 December 2007, with a characterization of service of under other than honorable conditions.

6.  The applicant’s record of service does not show any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

One negative counseling statement for failure to obey a lawful order.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided no supporting documents with his application.

POST-SERVICE ACTIVITY: 

None were provided with the application.  

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 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 offenses 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 served well for over 5 years and that he is now homeless.  
The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of his discharge proceedings were carefully considered.  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 the charges against him for multiple violations of the Uniform Code of Military Justice.

4.  Moreover, eligibility for veteran's benefits to include housing for homeless veterans 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.

5.  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:  28 June 2013         Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:   	yes [ redacted ]

Witnesses/Observers: NA

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:	NA
Change RE Code to:		NA
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)		AR20130006140

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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