-IN THE CASE OF:  Mr. 

      BOARD DATE:  	20 November 2013

      CASE NUMBER:  	AR20130009029
___________________________________________________________________________

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 general, under honorable conditions and the narrative reason for separation changed.  

2.  The applicant states, in effect, that he takes full responsibility for what he did, but he was young and not thinking about how his life would be affected and now that he has changed his life and started on a new path, he would like to do what he can to better his life.  Since his discharge he has joined outside organizations such as the American Legion and the Masonic Lodge.  At the time of his discharge he was going through a lot in his family life and dealing with PTSD.  He now wants a second chance to fix his military records and his family life.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			9 May 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				18 April 2003
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:				D Co, 2-25th Avn Reg, 25th INF Div, Schofield							Barracks, HI	
f. Current Enlistment Date/Term:		14 August 2000, 4 years
g. Current Enlistment Service:		2 years, 8 months, 4 days
h. Total Service:				7 years, 9 months, 7 days
i. Time Lost:					None
j. Previous Discharges:			RA 950712-000813/HD
k. Highest Grade Achieved:			E-6
l. Military Occupational Specialty:		68B10, Aircraft Power plant Repairer 
m. GT Score:					101
n. Education:					HS Graduate
o. Overseas Service:				Germany, Hawaii 
p. Combat Service:				None
q. Decorations/Awards:			AAM-2, AGCM-2, NDSM-2, AFSM, NATOM,
							NCOPDR, ASR, OSR-2
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			None
u. Prior Board Review:				No




SUMMARY OF SERVICE:		
	
The record shows the applicant enlisted in the Regular Army on 12 July 1995, for a period of 6 years and was 23 years old and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 68B10, Aircraft Power plant Repairer.  He reenlisted on 14 August 2000, for 4 years.  When his discharge proceedings were initiated he was serving at Schofield Barracks, HI.  His record documents no acts of valor or significant achievement. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 31 January 2003, court-martial charges were preferred against the applicant for the following offenses:

	a.  On 12 October 2002, wrongful possessing while in his vehicle an alcoholic beverage with a broken seal and the contents partially removed.
	b.  On 1 May 2002, and 31 May 2002, with intent to deceive, signed an official record, to wit a DA Form 3355 by altering his sit up score for his Physical Fitness Test and submitted a false college transcript in order to get promotion points.
	c.  On 12 October 2002, DUI.
	d.  Between 1 April 2002 and 1 December 2002, stole military property valued over $500.00.  

2.  On 26 February 2003, 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.  

3.  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 did not provide a statement on his behalf.  

4.  On 7 March 2003, the applicant’s chain of command recommended approval of an other than honorable discharge.

5.  On 10 March 2003, 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 18 April 2003, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 7 years, 9 months and 
7 days of creditable active military service and accrued no lost time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DD Form 458 (Charge Sheet), dated 19 February 2003, listing the above mentioned preferred charges against the applicant. 

2.  Three successful NCOER’s covering rating periods from 31 December 2000 through 
31 May 2002.  

3.  An administrative General Officer Memorandum or Reprimand (GOMOR), dated 18 November 2002, for being DUI on 12 October 2002.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application dated, 15 May 2013; and a copy of the DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant states he has joined the American Legion and the Masonic Lodge.   

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.  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 a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his discharge characterization was carefully considered.  

2.  The evidence of record confirms the applicant was charged with the commission of several offenses 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 applicant contends he was young and not thinking about how his life would be affected and now that he has changed his life and started on a new path, he would like to do what he can to better his life.  The record shows the applicant met entrance qualification standards to include age and he had served seven years and achieved the grade of E-5.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

4.  The applicant contends that he was having family issues 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.  

5.  The applicant contends he was dealing with PTSD; however, the service record contains no evidence of 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.  

6.  The applicant states since his discharge he has joined the American Legion and the Masonic Lodge and has participated in many community functions.  The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

7.  The applicant’s request for a change to the reason for his discharge was carefully considered.  However, after examining the applicant’s service record, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the discharge. 

8.  Further, 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.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

9.  The records show the proper discharge and separation authority procedures were followed in this case.  

10.  Therefore, the reason for discharge and the 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:  20 November 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)		AR20130009029



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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