IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130008991
___________________________________________________________________________

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 to be 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, that he needs an upgrade in order to receive Veterans benefits and schooling assistance to improve his welfare and that of his family.  He apologizes for the things he has done but was only 20 years old at the time and feels he made a mistake.  He never meant any harm to any fellow Soldiers.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			9 May 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				11 June 2011
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:				HHC, USA and Fort Knox, KY
f. Enlistment Date/Term:			OAD 14 March 2009, 400 days
g. Current Enlistment Service:		1 year, 2 months, 28 days
h. Total Service:				2 years, 0 months, 13 days
i. Time Lost:					None 
j. Previous Discharges:			USAR (080529-090313), NA										IADT (080626-081121), UNC
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		92F10, Petroleum Supply Specialist
m. GT Score:					88
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq (090314-090811)
q. Decorations/Awards:			NDSM, ICM-CS, ASR
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 US Army Reserve on 29 May 2008 for a period of 8 years.  On 14 March 2009, he was ordered to active duty for a period of 400 days.  He was 19 years old at the time and was a high school graduate.  His record indicates he served a total of 2 years and 13 days of active and inactive service and a combat tour in Iraq.   The record documents no acts of valor or significant achievement.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on 7 May 2010, the applicant was charged with the following offenses:

      a. wrongful possession of oxycontin, a controlled substance, with intent to distribute 		(091016)
      b. wrongful use of marijuana (090916) 
      c. willfully and unlawfully endeavor to adulterate future urinalysis inspections by 	obtaining urine from another (091016)

2.  On 13 May 2010, 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 behalf.  The unit commander recommended approval of the discharge with a characterization of under other than honorable conditions.  

3.  On 21 May 2010, 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 11 June 2010, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service does not show any evidence of unauthorized absences or time lost.  

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 no supporting documents with his application.

POST-SERVICE ACTIVITY: 

None were 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 3-7b 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 and the issues 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 offenses punishable under the UCMJ with a punitive discharge.  It also shows that after consulting with defense counsel, the applicant voluntarily requested a discharge from the Army 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 young at the time, never meant any harm, made one mistake and is now trying to get veterans benefits to improve the quality of his life.  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.  Moreover, the charge sheet indicates the applicant committed several offenses, two of which occurred on 16 October 2009 and one on 16 September 2009.  These discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by one or more incidents provides the basis for a characterization.  The applicant's incidents of misconduct, adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  

4.  Further, eligibility for veteran's benefits to include educational benefits under the 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.

5.  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:  7 June 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)		AR20130008991

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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