IN THE CASE OF:  	

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130007912
___________________________________________________________________________

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

2.  The applicant states, in effect, he would like to re-enlist in the Army.  He made a terrible mistake because of family issues back at home.  He signed up in the Army with little council from his family and he made them responsible for his financial situation.  Due to his financial standing, he left his family with a big financial burden.  He tried seeking help from his drill sergeants and the chaplain but it was nothing that could be done.  He is not trying to justify his decision whatsoever.  He knows that he was wrong and regrets it with all his heart.  His goal is to have his discharge upgraded and reenlist for reserves.  He was 19 back when he enlisted, immature and rushing into something without thought.  Since the military, he has held various leadership roles as well as gone back to school and received a degree.  He has gotten married and has two kids.  While in school, he made the President’s list holding a 4.0 GPA.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			22 April 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				5 December 2008
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:				Battery A, 1st Bn, 78th FA, Fort Sill, OK 		
f. Current Enlistment Date/Term:		14 August 2006, 4 years, 19 weeks
g. Current Enlistment Service:		0 years, 6 months, 7 days
h. Total Service:				0 years, 6 months, 7 days
i. Time Lost:					655 days 
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					14 years
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 14 August 2006, for a period of 4 years and 19 weeks.  He was 20 years old and had 14 years of education.  His record documents no acts of valor or significant achievement.  The applicant was at Fort Sill, OK when he went AWOL.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 655 days of time lost for being AWOL (061202-080916).  The applicant was apprehended and returned to the military authorities.  

2.  On 24 September 2008, court-martial charges was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offenses outlined in the preceding paragraph.  

3.  On 25 September 2008, 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 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 26 September 2008, the applicant was placed on excess leave for 71 days (080926-081205).

6.  On 3 November 2008, the separation authority approved the applicant's request for discharge in lieu trial by court-martial and directed that he be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate.  

7.  On 5 December 2008, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 6 months and 
7 days of creditable active military service and accrued 655 days of time lost due to being AWOL.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A DD Form 458, Charge Sheet, dated 24 September 2008, showing the applicant was AWOL from 2 December 2006 to 17 September 2008.  

2.  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, self-authored statement, character reference letter, employment verification, an unofficial college transcript, certificate of accomplishment, letter of thanks, AMHRR documents (23 pages), and DD Form 214.   

POST-SERVICE ACTIVITY: 

The applicant contended that he has earned a college degree.  

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 his discharge 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 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 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 at the time of discharge and it does not support an upgrade to an honorable or a general discharge at this late date.  Since the military, he has held various leadership roles as well as gone back to school to get his degree.  He has gotten married and has two kids.  While in school, he made the President’s list holding a 4.0 GPA.  

4.  The applicant contends that due to the financial situation he left his family with, he made a bad decision to go AWOL.  He tried seeking help from his drill sergeants and the chaplain but there was nothing that could be done.  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.  

5.  The applicant contends that since leaving the Army, he has held various leadership roles as well as gone back to school and received a degree.  While in school, he made the President’s list holding a 4.0 GPA.  He has gotten married and has two kids.  The applicant’s post-service accomplishments have been noted as outlined in the application with the accompanied documents.  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 he was 19 when he enlisted, immature and rushed into something without thought.  However, 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.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The applicant desires to rejoin the Military Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

8.  Therefore, the RE code 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:  15 November 2013        Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		No Change
Change RE Code to:			No Change
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)		AR20130007912



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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