IN THE CASE OF:  	Ms. 

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130006250
___________________________________________________________________________

Board Determination and Directed Action


After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s quality of service (i.e., ARCOM-w/VD, three ARCOMs, two AAMs, and a CAB) to include her combat service.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board further determined the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to E-5/SGT.





      
      
      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 her under other than honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that she almost got raped at her last duty station.  She reported it and had no support from her chain of command.  She did receive a little support; however, she was still suffering.  She went on mid-term leave, had a break-down, and was hospitalized for PTSD-MST.  She missed her report date due to her hospitalization.  Her unit placed her in an AWOL status, so she decided to get out.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			29 March 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				30 August 2011
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:				Camp Humphreys, Korea (WBW6AA)
f. Enlistment Date/Term:			2 January 2007, 6 years
g. Current Enlistment Service:		4 years, 7 months, 28 days
h. Total Service:				8 years, 2 months, 26 days
i. Time Lost:					63 days
j. Previous Discharges:			RA (030402-070101), HD
k. Highest Grade Achieved:			E-5
l. Military Occupational Specialty:		31B10, Military Police
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				Korea, SWA
p. Combat Service:				Iraq (040316-050314 and 060916-071213)
q. Decorations/Awards:			ARCOM-w/VD, ARCOM-3, AAM-2, AGCM-2, 							NDSM, GWOTEM, KDSM, ICM-w/CS-2, ASR, 							OSR-5, CAB,JMUA
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			None
u. Prior Board Review:				No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 2 April 2003, for a period of five years.  She was 20 years old at the time of entry and a high school graduate.  She reenlisted on 
2 January 2007 for six years and was serving at Camp Humphreys, Korea when she went AWOL.  She was awarded an ARCOM-w/VD, three ARCOMs, two AAMs, two AGCMs, and a CAB.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 63 days of time lost for being AWOL between 5 May 2011 through 6 July 2011, until her surrender on 7 July 2011. 

2. On 29 July 2011, court-martial charges was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offense outlined in the preceding paragraph.  

3.  On 29 July 2011, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to her.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge in lieu of trial by court-martial.

4.  In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charges against her or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  She also confirmed her understanding that if his request for discharge was approved, she could receive an under other than honorable conditions discharge.  She further stated she understood that receipt of an under other than honorable conditions discharge could result in her being deprived of many or all Army benefits, her possible ineligibility for many or all benefits administered by the Veterans Administration, and she could be deprived of her rights and benefits as a veteran under State and Federal laws.  The applicant confirmed she had no desire to perform further military service and did not submit a statement in her own behalf.  

5.  On 3 April 2003, the separation authority approved the applicant's request for discharge and directed that she be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate.  

6.  On 19 August 2011, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) she was issued shows she completed 8 years, 2 months, and 26 days of creditable active military service and accrued 63 days of time lost due to being AWOL.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Four successful NCOERs (one Among the Best and three Fully Capable) covering the period 1 September 2006 through 31 October 2009.

2.  Successfully completed the Warrior Leader course (WLC) on 18 April 2008, and the common core for the Basic Noncommissioned Officer Course (BNCOC) on 11 September 2009.  Of note, she failed to complete the Drill Sergeant Course on 2 February 2009, due to her medical status and the inability to convey instructions using various methods.

3.  There are no negative counseling’s or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293.  The applicant stated that she was providing additional documents (mental health while at Fort Sill, OK and PTSD-MST from the VA-Muskogee, OK-sexual trauma); however, they were not included in the application.  

POST-SERVICE ACTIVITY: 

None were listed in 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 the characterization of her discharge was carefully considered.  

2.  After examining the applicant’s record of service, her military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to fully honorable for the following reasons:  

	a. Length and quality of service:  The applicant served 8 years and 2 months, and
26 days, thus the preponderance of her service was honorable.

	b. The record confirms the applicant received several awards, specifically ARCOM-w/VD, three ARCOMs, two AAMs, two AGCMs, and a CAB.  

	c. The applicant achieved the rank of sergeant and her record does not contain any evidence of negative counseling’s (except for the Chapter 10 discharge) or any other action under the Uniform Code of Military Justice.  

	d. The applicant served in Iraq for a total of 27 months and was awarded an ARCOM with a V-Device and a CAB.  

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable.  

4.  The applicant was AWOL for a total of 63 days while on mid-tour from Korea.  She surrendered and there is no other derogatory information in her record.  

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails restoration of grade/rank to E-5/SGT.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review     Date:  25 September 2013       Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA???? 

Board Vote:  
Character Change:  3	No Change:  2
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	General, Under Honorable Conditions
Change Reason to:			NA
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		E-5/SGT
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)		AR20130006250



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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