IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130007211
___________________________________________________________________________

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 would like to have his discharge reviewed and upgraded to general, under honorable conditions due to the changes he made after his separation of service.  He obtained his diploma and state license as a Licensed Practical Nurse in 2008, an Associate Degree in the Science of Nursing, a Registered Nurse’s license in 2011 and Bachelor of Science in Nursing in 2012.  He maintained a grade point average of 3.5 or higher in each program.  He has maintained employment with Valdosta State Prison as a RN charge nurse for almost two years providing optimal care to the inmate population working for the State of Georgia under the Georgia Board of Regents Teachers Authority.  He was young and irresponsible and has corrected his behavior.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 April 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			16 April 2003
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:			E Co, 1-38th Infantry Battalion (BCTB), Fort Benning 						GA
f. Current Enlistment Date/Term:	30 May 2002, 5 years
g. Current Enlistment Service:	3 months, 4 days
h. Total Service:			4 months, 5 days
i. Time Lost:				223 days
j. Previous Discharges:		USAR-(020429-020529/NA
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				124
n. Education:				HS Graduate
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 U.S. Army Reserve on 29 April 2002 and was discharged to enlist in the Regular Army.  The applicant enlisted in the Regular Army 30 May 2002, for a period of 5 years.  He was 25 years old at the time of entry and a HS Graduate.  He was in training at Fort Benning, GA when he absented himself from his unit (AWOL) and the discharge process was initiated at Fort Knox, KY.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on      24 March 2003, the applicant was charged with absenting himself from his unit (AWOL) (020808-030319).

2.  On 24 March 2003, 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 7 April 2003, 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 16 April 2003, 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 8 August 2002 through 18 March 2003, for 223 days until he surrendered.  The applicant also had 7 days of excess leave from 10 April 2003 through 16 April 2003.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a DD Form 616 (Report of Return of Absentee), dated 19 March 2003 indicated the applicant surrendered to military authorities.

2.  The record also contains two DA Forms 4187 (Personnel Action), both dated 9 September 2002, which indicated the applicant was AWOL and dropped from the rolls.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 an unofficial academic transcript (five pages), a supporting statement from Mrs. W, and a college acceptance letter from Georgia Regents University. 

POST-SERVICE ACTIVITY: 

The applicant stated he was accepted into the Doctorate of Nursing Practice Program with Georgia Regents University and plans to attend and graduate within the next three years with a Family Nurse Practitioner license.

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 should be upgraded based on his post service accomplishments. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted. 

5.  Further, The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  

6.  The applicant also contends he was young and irresponsible and has corrected his behavior.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

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:  25 October 2013      Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel: None

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


ADRB Case Report and Directive (cont)		AR20130007211



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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