IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130007454
___________________________________________________________________________

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 his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that he understands that leaving the Army early was wrong and he acknowledges his mistake.  On 3 April 2001, he received a message that his grandmother had passed away and his state of mind became irrational.  He went home on emergency leave and became severely depressed.  He believed he could no longer perform his duties as a sergeant in the Army.  He did not return to Ft. Polk as instructed; instead, he turned himself into the MP's at Ft. Rucker to be sent to Ft. Knox to out-process. 
It took years of hard work to overcome the obstacles he faced as a young Soldier.  It has been ten years since he was discharged.  He has completed an associate’s degree in computer technology and electrical engineering, has gotten married, and has a young son.
He is asking the board to consider the many good years of service he gave while serving at Ft. Sill, OK; Coleman Concern, Germany, Kuwait, Bosnia, and Albania before he made his mistake.  Anything other than an honorable discharge will harm him in the job market and stop him from receiving educational benefits.  He would like to attend school in order to provide a better life for his family. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			15 April 2013
b. Discharge Received:			Under Other Than Honorable Condition.           Current Discharge				General, Under Honorable Conditions.  								The applicant appealed to the ADRB and 							requested his discharge be upgraded to 								General, Under Honorable Conditions and his 							request was granted on 20 February 2003. 
c. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, AR 635-200, 							Chapter 10, KFS, RE-4
d. Unit of assignment:				HHT, 4/2nd ACR, Fort Polk, LA,
e. Enlistment Date/Term:			2 March 2000, 3 years
f. Current Enlistment Service:		1 year, 11 months, 4 days
g. Total Service:				11 years, 9 months, 19 days
h. Time Lost:					37 days 
i. Previous Discharges:			ARNG (900112-910619), NA									OADT (910620-910913), HD									ARNG (910914-921201), HD									USARCG (921202-931025), NA									RA (931026-960716), HD										RA (960717-000301), HD
j. Highest Grade Achieved:			E-5
k. Military Occupational Specialty:		52D20, Power Generation Equipment  
l. GT Score:					109
m. Education:					HS Graduate
n. Overseas Service:				Germany, Kuwait, Bosnia and Albania (NIF)
o. Combat Service:				None
p. Decorations/Awards:			AGCM-2, NDSM, ASR
q. Administrative Separation Board: 		No
r. Performance Ratings:			Yes
s. Counseling Statements:			None
t. Prior Board Review:				No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the ARNG in 1990 and served for 3 years.  He enlisted in the Regular Army on 26 October 1993, for a period of 3 years.  He was 21 years old and had a high school graduate.  His record shows he reenlisted twice and served for 
11 years, 9 months, and 19 days.  The record documents no acts of valor or significant achievement except for the AGCM award.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 37 days of time lost for being AWOL between 28 April 2001 and 4 June 2001.  The applicant surrendered to the military authorities.  

2.  On 13 June 2001, court-martial charges was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) specifically for being AWOL between 28 April 2001 and 4 June 2001.  

3.  On 13 June 2001, 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 him.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.

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

5. On 25 January 2002, the separation authority approved the applicant's request for discharge and directed that he be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate.  
6.  On 6 February 2002, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 11 years and 
19 months of creditable active military service and accrued 37 days of time lost due to being AWOL and accrued 228 days of excess leave (010614-020206).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A CG Article 15, dated 21 March 2000, for Uttering 6 bad checks (#251-$150.00, #252-$100.00, #253-$150.00, #254-$150.00, #255-$100.00, and #256-$150.00), to AAFES between 8 January 2000 and 20 January 2000.   

2.  The record contains a Service School Academic Evaluation Report (AER) for the period of 31 March 1999 through 30 April 1999 which indicates he successfully completed the Primary Leader Development Course (PLDC).  

3.  Two NCOERs covering the period April 1999 through August 2000.  The applicant was rated “Fully Capable” on the first report and “Marginal” on the second report.																         4.  On 20 February 2003, the applicant’s appeal to the ADRB to have his discharge upgraded to General, Under Honorable Conditions was granted. 

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided an online DD Form 293 application and a DD Form 214.    

POST-SERVICE ACTIVITY: 

The applicant contends he has completed an associate’s degree in computer technology and electrical engineering, has gotten married, and has a young son.  

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 ADRB’s previous decision was carefully considered.  However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade the ADRB’s previous decision.    

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 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 applicant contends that he was having family issues (death in the family) that affected his behavior and ultimately caused him to be discharged.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

4.  The applicant contends that he had good service which included assignments in Germany, Kuwait, Bosnia and Albania.  The applicant’s service accomplishments and the quality of his service prior to the incidents 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 as shown by the by the documented action under Article 15 of the Uniform Code of Military Justice.

5.  The applicant contends that since leaving the Army he has received an associate’s degree in computer technology and electrical engineering, has gotten married, and has a young son.   The applicant’s post-service accomplishments have been noted as outlined in the application.  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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities

6.  The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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.

7.  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:  18 October 2013       Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130007454



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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