IN THE CASE OF:	Mr. 

      BOARD DATE:	9 April 2014

      CASE NUMBER:	AR20130013718
___________________________________________________________________________

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 to upgrade the characterization of his service from under other than honorable to fully honorable.

2.  The applicant states, in effect, he is asking for an upgrade due to mistreatment during his time in service.  He went AWOL to get away from the mistreatment he received from his unit.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 July 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	27 June 2007
	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:	Co B, 1st Bn, 46th IN, Fort Knox, KY 
	f.	Current Enlistment Date/Term:	5 October 2006, 3 years, 18 weeks
	g.	Current Enlistment Service:	0 years, 5 months, 9 days
	h.	Total Service:	0 years, 5 months, 9 days
	i.	Time Lost:	104 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	87
	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:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 5 October 2006, for a period of 3 years and 18 weeks.  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.  His record further reflects he was a trainee at Fort Knox, KY, when he was reported AWOL.  He completed 5 months, and 9 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on 7 May 2007, the applicant was charged with AWOL, in that on 3 January 2007, without authority, absent himself from his unit and remained so absent until 17 April 2007.  

2.  On 7 May 2007, 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.  Further, 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 in his own behalf.  

3.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

4.  On 13 June 2007, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was further directed to be reduced to the lowest enlisted rank if he was serving in a pay grade above E-1.

5.  The applicant was discharged from the Army on 27 June 2007, with a characterization of service of under other than honorable conditions.

6.  The applicant’s record of service indicates 104 days of time lost for being AWOL from 3 January 2007 through 16 April 2007, and until his apprehension on 17 April 2007.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Documents relating to AWOL and DFR status packet, in pertinent part, consisted of: 

	a.	DD Form 616, Report of Return of Absentee, dated 18 April 2007, indicates the applicant was apprehended by civil authorities on 17 April 2007.
	b.	DD Form 458, Charge Sheet, dated 2 February 2007 (preferred), indicates the applicant was charged with desertion (070103-left blank).

2.  DA Form 4187, dated 4 January 2007, indicates the applicant’s “Exodus Leave” status changed to AWOL, effective 2400 hours, 3 January 2007. 

3.  DA Form 4187, dated 2 February 2007, indicates the applicant’s AWOL status changed to DFR, effective 0001 hours, 2 February 2007.

4.  DA Form 4187, dated 1 May 2007, indicates the applicant’s DFR status changed to Attached/PDY, effective 2130 hours, 17 April 2007.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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.  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 the characterization of his 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.  An honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  His 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 and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends he went AWOL to get away from the mistreatment he received from his unit.  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.  All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.

6.  Therefore, the reason 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:  9 April 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)		AR20130013718

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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