IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 October 2013

      CASE NUMBER:  	AR20130007227
___________________________________________________________________________

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, he would like an upgrade of his discharge because he realizes that his desertion was an unforgivable act and he needs to get a better job to support his family.  The applicant contends he has managed to move on and establish himself as an upstanding citizen.  He states, he has volunteered at the San Antonio Military Medical Center (SAMMC) for a wounded warrior program and tried to redeem himself by participating in any event that supports troops.  He contends he has never been incarcerated or on any assistance programs.  The applicant states, he would like the opportunity to provide for a better life for his children by getting a better job and gain redemption from his act.  The applicant contends he is not looking for any military benefits.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			12 April 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				26 April 1999
d. Reason/Authority/SPD/RE Code:		In Lieu of Trial by Court-Martial, AR 635-200
Ch 10, KFS, RE-3
e. Unit of assignment:				HHC, 1st Sqdn, 9th Cav Rgt, Fort Hood, TX 
f. Current Enlistment Date/Term:		15 July 1997, 4 years
g. Current Enlistment Service:		1 year, 5 months, 9 days
h. Total Service:				1 year, 5 months, 9 days
i. Time Lost:					123 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92G10, Food Service Specialist
m. GT Score:					109
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			NIF
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 15 July 1997 for a period of 4 years.  He was 19 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He completed 1 year, 5 months, and 9 days of active duty service.  At the time his discharge proceedings were initiated, he was serving at 
Fort Hood, TX.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 
8 October 1998 the applicant was charged with being absent without leave (AWOL) from 
26 May 1998 until 26 September 1998.  

2.  On 8 October 1998, 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 own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  

3.  On 6 April 1999, 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 26 April 1999, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service indicates 123 days of time lost for being AWOL from 
26 May 1998 until 25 September 1998.  He was apprehended by civilian authorities.  The record also shows 200 days of excess leave from 981009-990426.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:  

The applicant’s record is void of any other derogatory information. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any supporting documentation with his on-line application.

POST-SERVICE ACTIVITY: 

The applicant states he volunteered at the SAMMC for the wounded warrior program and participated in any event that supports troops. 


REGULATORY AUTHORITY:

1.  Army Regulation 635-200 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.  Army Regulation 635-200, 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.  Whenever there is doubt, it is to be resolved in favor of the individual.

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 the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or a general discharge.  The applicant’s record of service was marred by him being AWOL for 123 days.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.

4.  The applicant contends he realized his desertion was an unforgivable act and states he has managed to move on and establish himself as an upstanding citizen.  He states he volunteered at the SAMMC for the wounded warrior program, participated in any event that supports the troops, and has never been incarcerated.  The applicant’s post-service accomplishments have been noted; however, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

5.  The applicant also contends he is requesting an upgrade of his discharge in order to find a better job to support his family.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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

7.  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: 2 October 2013      Location: Washington, DC

Did the Applicant Testify?  No

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 Conditions


ADRB Case Report and Directive (cont)		AR20130007227



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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