IN THE CASE OF:  	Mr.

      BOARD DATE:  	10 January 2014

      CASE NUMBER:  	AR20130011133
___________________________________________________________________________

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 (UOTHC) discharge be upgraded to a general, under honorable conditions discharge.

2.  The applicant states, in effect, in 1999, he was on orders for Korea and at the time he had family issues to attend to.  His father passed away and his siblings were really devastated and needed his support, as well as, he was a new father.  He requested through his chain of command to have his report date postponed for maybe one to two months, but was told his orders could not be changed.  He contends he spoke with Chaplain S about his situation and was advised to absent himself without leave (AWOL).  He states the chaplain told him to stay gone for 30 days, and after 30 days, turn himself in; they would send him to Fort Knox for seven days and out-process him, then send him home and he would still get his benefits.  He contends up until that point he had never been in trouble and wishes he could change his decision.  He wants to correct his discharge and continue his path to becoming an upstanding citizen and offer his services for the betterment of humanity.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 June 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				3 March 2000
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:				1st AG Replacement, Yongsan Transition 
Center, Korea
f. Current Enlistment Date/Term:		29 May 1997, NIF
g. Current Enlistment Service:		2 years, 9 months, 23 days
h. Total Service:				6 years, 7 months, 4 days
i. Time Lost:					221 days (990421-991128)
j. Previous Discharges:			Dep, (930817-931107), NA
RA, (930817-970528), HD
RA, (970529-000318), HD
k. Highest Grade Achieved:			NIF
l. Military Occupational Specialty:		88M10, Motor Transport Operator
m. GT Score:					NIF
n. Education:					NIF
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			AGCM, NDSM, ASR
r. Administrative Separation Board: 		NIF
s. Performance Ratings:			None
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The record shows the applicant enlisted in the Regular Army on 8 November 1993.  He was 21 years old at the time of his enlistment.  He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator.  The applicant’s DD Form 214 indicates he reenlisted on 29 May 1997 however the applicant’s record cannot be accessed.  He earned an AGCM.  At the time his discharge proceedings were initiated, he was serving in Korea.  

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 22 March 2000, 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 DD Form 214 he was issued shows he completed 5 years, 9 months and 7 days of creditable active military service and indicates he had 221 days of time lost from 21 April 1999 to 28 November 1999.

4.  The applicant was separated on 22 March 2000, under Army Regulation 635-200, Chapter 10, with an under other than honorable conditions discharge, an SPD code of KFS, and an RE code of 4.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant’s record cannot be accessed through the Integrated Personnel Electronic Records Management System (iPERMS).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 22 May 2013, a DD Form 214, an undated self-authored statement, an undated letter of support from Mr. S, and a letter from Mr. M, Chair Media Arts, Los Angeles City College, dated 26 March 2013.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his 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 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 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 contentions about his family issues were carefully considered.  However, the applicant’s official record cannot be accessed and therefore, there is insufficient evidence available 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.  

4.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

5.  If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since his official record cannot be accessed.  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:  10 January 2014     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)		AR20130011133



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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