IN THE CASE OF:  	Ms. 

      BOARD DATE:  	28 February 2014

      CASE NUMBER:  	AR20130011964
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 her under other than honorable conditions discharge is upgraded to honorable.

2.  The applicant states, in effect, that she tried to go back to Iraq where her unit was after she missed her actual flight departure date.  She had e-mailed her 1SG several times asking him what to do so that she could fly back to Iraq with the rest of her unit but she kept getting the run around.  She was told that because she was a reservist activated to active duty that it wasn’t much they could do to try and get her back over to Iraq.  She did not miss her flight intentionally and to show that she had every intention of going back to Iraq, after her two weeks leave, she sent two boxes full of her personal items that she needed in Iraq.  When she realized that she wasn’t going back to Iraq she asked her 1SG to send the boxes back to her and eventually he did but the boxes had been opened and some of the items had been taken out.  She really enjoyed being in the Army and feel as though she was a good Soldier.  She has two kids and a full time job, which she has had for five years, goes to church and sings on the praise team.  If she could she would do it all over again if her discharge were changed.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			21 June 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				11 March 2005
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:				343rd Quartermaster Company, APO 09331,
Iraq
f. Current Enlistment Date/Term:		OADT, 10 December 2003, 550 days
g. Current Enlistment Service:		1 year, 1 month, 27 days
h. Total Service:				3 year, 11 months, 11 days
i. Time Lost:					35 days 
j. Previous Discharges:			USAR 010226-031209/NA
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92F10, Petroleum Supply Specialist
m. GT Score:					98
n. Education:					HS Grad
o. Overseas Service:				Southwest Asia
p. Combat Service:				Iraq, dates-NIF
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				None
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the US Army Reserve on 26 February 2001, for a period of 8 years.  She was ordered to active duty on 10 December 2003, for 550 days.  She was 19 years old and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist.  Her 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 
17 February 2005, the applicant was charged with AWOL from 8 July 2004 until her surrender to the military authorities on 12 August 2004.  

2.  On 17 February 2005, 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 she understood she 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 her own behalf.  On 22 February 2005, the unit commander recommended approval with an under other than honorable conditions discharge.  

3.  On 25 February 2005, the separation authority approved the Chapter 10 request and directed the applicant’s 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 placed on excess leave on two occasions from (040909-041107) for 60 days and (050218-050311) for 22 days.  

5.  Subsequently, on 11 March 2005, the applicant was discharged from the Army with a characterization of service of under other than honorable conditions.  

6.  The Record shows that proper discharge and separation authority procedures were followed in this case.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are no negative counseling’s or actions under the Uniform Code of Military Justice in the applicant’s record.

2.  E-Mail message from the applicant addressed to her 1SG in reference to her AWOL status, dated 16 July 2004.



EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant did not provide any with the application.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 3-7a 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 her discharge was carefully considered.  However, after examining the applicant’s record of service and the issue 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 for the good of the service 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.  The applicant’s service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge. Her 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.  

4.  The applicant contends she had e-mailed her 1SG several times asking him what to do so that she could fly back to Iraq with the rest of her unit but she kept getting the run around.  She was told that because she was a reservist activated to active duty that it wasn’t much they could do to try and get her back over to Iraq.  The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.  

5.  The applicant further contends she really enjoyed being in the Army and feel as though she was a good Soldier.  She has two kids and a full time job which she has had for five years, she goes to church and sing on the praise team.  If she could she would do it all over again if her discharge is changed.  The applicant’s post-service accomplishments have been noted as outlined on the application.  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.

6.  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.

7.  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:  28 February 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)		AR20130011964

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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