IN THE CASE OF:  	Ms. 

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130007696
___________________________________________________________________________

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

2.  The applicant states, in effect, that she takes responsibility for her actions and makes no excuses for her misconduct.  She states that she was going through medical issues and began having flashbacks from reoccurring molestation that happened to her as a child.  She began seeking behavior health counseling but as the nightmares and flashbacks got worse, she turned to marijuana because it was how she coped with everything during her childhood.  She enrolled in ASAP in November 2010, and was getting the help to get her life back on track.  At the same time her medical discharge board was taking a long time and she lost the trust in her unit.  At this point she felt she could not take it anymore and she went AWOL because she felt she had no other choice; however, she voluntarily returned on 14 November 2010.  She understands that her military career is over, she is asking to be allowed to exit the Army with a chapter rather than to be court-martialed. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			19 April 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				21 March 2012
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:				Rear Det, 1-22 IN, 1BCT, 4ID, Fort Carson, CO	
f. Current Enlistment Date/Term:		4 September 2008, 3 years, 24 weeks	
g. Current Enlistment Service:		3 years, 6 months 18 days
h. Total Service:				3 years, 2 months, 2 days
i. Time Lost:					136 days AWOL, (110701-111116)
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-1
l. Military Occupational Specialty:		92F10, Petroleum Supply Specialist 
m. GT Score:					NIF
n. Education:					GED
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 4 September 2008 for a period of 3 years and 24 weeks.  She was 25 years old at the time of entry and had completed her GED.  She was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist.  She earned the NDSM, GWOTSM, and an ASR.  The applicant was serving at Fort Carson, CO when her discharge was approved.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 21 March 2012, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Further, the DD Form 214 shows a Separation Code of KFS (in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4.

3.  The applicant’s record does not show any record of actions under the UCMJ.  The record shows that the applicant was AWOL 136 days (110701-111116).

4.  On 14 March 2012, HQDA USA Installation Management Command, Fort Carson, CO, Orders Number 074-0015, discharged the applicant from the Army effective 21 March 2012.  

5.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows he completed 3 years, 2 months and 2 days of creditable active military service.  There is 136 days of time lost recorded on the applicant’s DD Form 214.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

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, dated 16 April 2013; a DD Form 214, discharge orders, and a self-authored statement.

POST-SERVICE ACTIVITY: 

None provided with 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.  

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge.  Barring evidence to the contrary, it appears 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 medical and mental issues contributed to her discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

4.  If the applicant desires a personal appearance, it is her responsibility to meet the burden of proof since the evidence is not available in the official record.  The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

5. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. 
 
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review        Date:  1 November 2013     Location: Washington, DC

Did the Applicant Testify?  No 

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)		AR20130007696



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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