IN THE CASE OF:  	

      BOARD DATE:  	2 October 2013

      CASE NUMBER:  	AR20130013518
___________________________________________________________________________

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 request that his uncharacterized discharge be upgraded to honorable. 

2.  The applicant states, in effect, he did not want to leave the military; however, he went absent without leave (AWOL) because his grandmother was dying and he couldn’t transfer to the National Guard.  He would like a different discharge so that he can return to active duty and finish his career.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 			18 July 2013
b. Discharge Received: 			Uncharacterized
c. Date of Discharge: 				14 May 2013
d. Reason/Authority/SPD/RE Code: 		In Lieu of Trial by Court-Martial, Chapter 10 
AR 635-200, KFS, RE-4
e. Unit of assignment: 				A Company, 2-13th Aviation Regiment 
Fort Huachuca, AZ  85613
f. Current Enlistment Date/Term: 		16 July 20012/3 years
g. Current Enlistment Service: 		7 months, 22 days	
h. Total Service: 				7 months, 22 days
i. Time Lost: 					76 Days	
j. Previous Discharges: 			None	
k. Highest Grade Achieved: 			E-2	
l. Military Occupational Specialty: 		None	
m. GT Score: 					96	
n. Education: 					HS Graduate	
o. Overseas Service: 				None	
p. Combat Service: 				None	
q. Decorations/Awards: 			None	
r. Administrative Separation Board: 		No 	
s. Performance Ratings: 			None	
t. Counseling Statements: 			None
u. Prior Board Review: 			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 July 2012, for a period of 6 years and served 7 months and 22 days of that term.  He was 20 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He achieved the rank of PV2/E-2.    


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 28 February 2013, the applicant was charged with the following offenses:

      a. without authority, absent himself from his unit and did remain so absent until he was apprehended by the civilian authorities from (121220-130104)
      
      b. without authority, absent himself from his unit and did remain so absent until he was apprehended by the civilian authorities from (130111-130226)

2.  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 own behalf.  The unit commander recommended approval of an uncharacterized discharge.  

3.  The separation authority approved the Chapter 10 request and directed the discharge with an uncharacterized separation of service. 

4.  The applicant was discharged from the Army on 14 May 2013, with an uncharacterized separation of service.

5.  The applicant’s record of service indicates 76 days of time lost for being AWOL x 2, from 20 December 2012 until 4 January 2012 and 11 January 2013 until 26 February 2012, on both occasions the applicant was apprehended by the civilian authorities.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DD Form 4187, personnel action which shows the applicant was absent without leave (AWOL) during the period 20 December 2012 until 4 January 2013 and 11 January 2013 until 26 February 2012.  He was apprehended and returned to military control.

2.  DD Form 458 Charge Sheet, with preferred charges. 

3.  There are no other negative counselings or actions under the Uniform Code of Military Justice. 

EVIDENCE SUBMITTED BY THE APPLICANT:

None provided by the applicant in support of his application.



POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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.  

2.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

3.  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.

4.  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 record of service, his military records, the documents 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 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 uncharacterized description of service accurately reflects the applicant’s overall record of service.  An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for the character of service to be rated as honorable or otherwise.  

4.  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  The Regulation also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  
The applicant’s record shows that when he requested separation, he had completed 5 months and 05 days of continuous active duty service; with 76 days of time lost due to being AWOL; thus, he was in entry level status.

5.  A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

6.  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.

7.  The applicant contends that he did not want to leave the military; however, he went AWOL because his grandmother was dying and he couldn’t transfer to the National Guard.  He would like a different discharge so that he can return to active duty and finish his career.  The applicant 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.  Further, 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.   

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

9.  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: 2 October 2013        Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		No Change
Change RE Code to:			No Change
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)		AR20130013518



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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