IN THE CASE OF:  	

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006219
___________________________________________________________________________

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 honorable.

2.  The applicant states, in effect, his discharge was based on a single incident which was a family matter.  He was an outstanding Soldier in both of his military occupational specialties.  His decision to accept an under other than honorable conditions discharge was an uneducated decision and a mistake.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 March 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			14 January 2002
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:			62nd Quartermaster Company, Fort Hood, TX
f. Current Enlistment Date/Term:	4 November 1999, 2 years
g. Current Enlistment Service:	1 year, 7 month, 11 days
h. Total Service:			6 years, 1 month, 4 days
i. Time Lost:				212 days
j. Previous Discharges:		RA-(950509-991103)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	77W1P, Water Treatment Specialist/13B1P Cannon 						Crewmember
m. GT Score:				87
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		AAM-5, AGCM, NDSM, 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 enlisted in the Regular Army 9 May 1995, for a period of 3 years with a 25 months extension.  He was 20 years old at the time of entry and a HS Graduate.  He was initially trained in and awarded military occupational specialty (MOS) 13B1P, Cannon Crewmember.  He was subsequently trained in and awarded MOS 77W1P, Water Treatment Specialist.  He reenlisted on 4 November 1999, for 2 years and was 24 years old at the time.  His record also shows he had no combat service, but earned several awards including an AAM-5 and AGCM.  He was serving at Fort Hood, TX when his discharge was initiated and he achieved the rank of SPC/E-4.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on      5 March 2001, the applicant was charged with absenting himself from his unit (AWOL) (000804-010304).

2.  On 6 March 2001, 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 recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

3.  On 13 December 2001, 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 14 January 2002, 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 does not contain any actions under the Uniform Code of Military Justice (UCMJ) or negative counseling statements.

6.  The applicant's record of service shows he was AWOL during the period 4 August 2000 through 3 March 2001, for 212 days until he surrendered.  The applicant also had 312 days of excess leave from 9 March 2001 through 14 January 2002.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 13 July 2000 for the primary Leadership Development Course (PLDC).

2.  The record also contains AGCM Orders 031-003, dated 31 January 2000

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293. 

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, 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 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 based on a single incident which was a family matter.  Although a single incident, the discrediting entry (AWOL) constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

5.  The applicant further contends he was an outstanding Soldier in both of his military occupational specialties.  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.  

6.  The applicant also contends his decision to accept an under other than honorable conditions discharge was an uneducated decision and a mistake.  The record shows the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10 and indicated he understood he could receive an under other than honorable conditions discharge.

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

8.  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:  18 September 2013    Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  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:		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)		AR20130006219



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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