IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 May 2014

      CASE NUMBER:  	AR20130014052
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 discharge be upgraded to honorable.

2.  The applicant states, in effect, that although he made a mistake and made many people suffer due to his addiction, all of his service prior to his mistake was very honorable.  He overcame his addiction and would like to give back to the company he now works for.  He would like to have stayed in the Army and overcome his addiction, but his chain of command didn’t see it necessary to retain him after a deployment.  He now he has a son and he is dealing with severe PTSD and other issues that he needs to be able to go to the VA for help.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			30 July 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				5 February 2010
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:				A Co, 2-8 Inf Bn, 2nd BCT, 4ID, Fort Carson 								CO 
f. Enlistment Date/Term:			6 March 2007, 4 years 
g. Current Enlistment Service:		2 years, 8 months, 25 days
h. Total Service:				2 years, 8 months, 25 days
i. Time Lost:					66 Days: AWOL (091113-091116), (091128-								091207), Confinement (091207-100128) 
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		11B10, Infantryman 
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq 
q. Decorations/Awards:			ARCOM,NDSM, GWOTSM, ICM-CS, ASR 
      OSR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The record shows the applicant enlisted in the Regular Army on 6 March 2007, for a period 4 years.  He was 20 years old and had a high school graduate.  His record indicates he served for 2 years, 8 months, and 25 days of active service.  The record documents the applicant earned an ARCOM.  He was stationed at Fort Carson, CO, at the time of his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 66 days of time lost for the following:  

	a.  AWOL (091113-091116)
	b.  AWOL (091128-091207)
	c.  Confinement (091207-100128)

2.  On 10 December 2009, court-martial charges were preferred against the applicant for violating Article 85 and Article 86 of the Uniform Code of Military Justice (UCMJ) specifically for being AWOL between 13 November 2009 and 16 November 2009; and being AWOL between 28 November 2009 and 7 December 2009.  

3.  On 20 January 2010, court-martial charges were preferred against the applicant for violation of Article 112a of the UCMJ specifically for wrongfully using cocaine and methamphetamines on 16 November 2009, and 14 December 2009.

4.  On 26 January 2010, 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 for the good of the service in lieu of trial by court-martial.

5.  On 28 January 2010, 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 5 February 2010, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 2 years 8 months and 25 days of creditable active military service and accrued 66 days of time lost due to being AWOL and confined.  



EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one positive urinalysis reports contained in the record:

 	IO, Inspection Other, 16 November 2009, cocaine, D-methamphetamine, and D-amphetamine.
  
2.  Article 15, dated 19 November 2009, for being AWOL (091113-091116).  The punishment consisted of a reduction to E-2, forfeiture of $784,00 pay for two months (suspended until 100518), extra duty and restriction for 45 days (suspended until 100201) (FG).

3.  Pretrial Confinement Memorandum with allied documents, dated 9 December 2009.

4.  Six Personnel Action Forms (DA Form 4187) reflecting the applicant’s duty status changes:

      PDY, AWOL and confinement
	
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 26 July 2011, a DD Form 214; a self-authored statement, dated 26 July 2011; a copy of an ARCOM, dated 5 April 2009; and a Letter of Appreciation from the US State Department, dated 
7 August 2009.

POST-SERVICE ACTIVITY: 

None provided 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.  The evidence of record confirms the applicant was charged with the commission of offenses 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 applicant contends that the length of his honorable service outweighs his adverse actions that caused his discharge from the Army.  The applicant’s service accomplishments and the quality of his 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 as shown by the court-martial charges that were filed against him.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his discharge was carefully considered.  However, after examining the applicant’s record of service, the issues and documents 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 offenses 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 applicant contends that the length of his honorable service outweighs the adverse actions that caused his discharge from the Army.  The applicant’s service accomplishments and the quality of his 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 as shown by the court-martial charges that were filed against him.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  

4.  The applicant contends that he is dealing with severe PTSD and other issues that he needs to be able to go to the VA to receive help.  However, the service record contains no evidence of PTSD and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  Eligibility for veteran's benefits to include VA medical assistance does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  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:  9 May 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)		AR20130014052



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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