IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 December 2013

      CASE NUMBER:  	AR20130008876
___________________________________________________________________________

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 under other than honorable conditions discharge to honorable, as well as, a change to the narrative reason for discharge.

2.  The applicant states, in effect, his first assignment was to Camp Casey, Korea and while serving in Korea he became an alcoholic.  He states an incident pertaining to a Korean Soldier drowning during a flood has haunted him and he believes he has Post Traumatic Stress Disorder (PTSD) but has never sought medical attention for his situation.  He contends even after being reassigned to Fort Carson, Colorado, he still blamed himself for the Korean Soldier’s death.  He decided to go absent without leave (AWOL) and he was discharged from the military upon his return to military control.  He states he completed 2 years, 9 months, and 17 days of his three year enlistment and was only seven days short of fulfilling his commitment.  He realizes there is no evidence to support his condition after he experienced the traumatic event but asks the board to take the incident into consideration.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			6 May 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				5 November 2001
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:				HWB 1/3 ACR, Fort Carson, CO
f. Current Enlistment Date/Term:		12 November 1998/3 years
g. Current Enlistment Service:		2 years, 9 months, 17 days
h. Total Service:				2 years, 9 months, 17 days
i. Time Lost:					66 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		13B10, Cannon Crewmember
m. GT Score:					NIF
n. Education:					HS Graduate 
o. Overseas Service:				NIF
p. Combat Service:				None
q. Decorations/Awards:			NIF
r. Administrative Separation Board: 		No
s. Performance Ratings:			No
t. Counseling Statements:			NIF
u. Prior Board Review:				No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 12 November 1998 for a period of 3 years.  He was 19 years old at the time of entry and a high school graduate.  He was trained in and awarded the military occupational specialty (MOS) 13B10, Cannon Crewmember.  His record documents no acts of valor or significant achievement.  He completed 2 year, 9 months, and 
17 days of active duty service.  When discharge proceedings were initiated, he was serving at Fort Carson, Colorado.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458 (Charge Sheet), which indicates that on  
1 December 2000, the applicant was charged with violating Article 85 of the Uniform Code of Military Justice (UCMJ) for being AWOL.  As a note, the charge sheet was not signed.

2.  The DD Form 214 indicates that on 5 November 2001, 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 of service indicates 66 days of time lost for being AWOL from 
31 October 2000 until his return to military control on 5 January 2001.

4.  On 6 November 2001, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, Orders Number 310-0159, discharged the applicant from the Army effective 
5 November 2001.

5.  The record shows 299 days of excess leave from 11 January 2001 through 
5 November 2001.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:  

The applicant’s record contained Orders Number 310-0159, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, dated 6 November 2001, discharging the applicant from the Army effective 5 November 2001.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 30 April 2013, and DD Form 214 (Certificate of Release or Discharge from Active Duty), and a self-authored statement.

POST-SERVICE ACTIVITY: 

The applicant states he is currently incarcerated.

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.

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 his 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 his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not 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's contention that he suffered from PTSD was carefully considered.  However, the service record contains no evidence of a Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

4.  Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  Moreover, there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

5.  If the applicant desires a personal appearance, it is his 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.

6.  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:  13 December 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 Conditions


ADRB Case Report and Directive (cont)		AR20130008876



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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