IN THE CASE OF:	Ms. 

      BOARD DATE:	21 May 2014

      CASE NUMBER:	AR20130014761
___________________________________________________________________________

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

2.  The applicant states, in effect, she was 19 with a newborn daughter when she received orders for Egypt.  She was not aware when she enlisted that she would have to leave her daughter.  She was provided no other alternative but to give her up for adoption, which she would not do so.  Her recruiter misinformed her when he told her that it would not be a problem being a single mother and serving.  She desires to receive her benefits and to reenlist.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 August 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	23 January 2001
	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:	24th Ordnance Company, Hunter Army Air Field, GA
	f.	Current Enlistment Date/Term:	2 September 1998, 3 years
	g.	Current Enlistment Service:	2 years, 3 months, 7 days
	h.	Total Service:	2 years, 3 months, 7 days
	i.	Time Lost:	45 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	55B10, Ammunition Specialist
	m.	GT Score:	113
	n.	Education:	GED
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	No
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 2 September 1998, for a period of 3 years.  She was 18 years old at the time of entry and a GED.  She was trained in and awarded military occupational specialty (MOS) 55B10, Ammunition Specialist.  Her record documents no acts of valor or significant achievement.  She completed 2 years, 3 months, and 7 days of active duty service; however, 433 days (991118-010123) are excess leave, creditable for all purposes, except pay and allowances.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 45 days of time lost for being AWOL on three separate occasions from 13 to 14 September 1999, 16 to 17 September 1999, and from 23 September 1999 until she surrendered to military authorities on 3 November 1999.

2.  On 17 November 1999, a court-martial charge was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offense from 23 September 1999 until her surrender to military authorities on 3 November 1999.  On 17 November 1999, 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 her.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.

3.  In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charge against her or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  She also confirmed her understanding that if her request for discharge was approved, she could receive an under other than honorable conditions discharge.  She further stated she understood that receipt of an under other than honorable conditions discharge could result in her being deprived of many or all Army benefits, her possible ineligibility for many or all benefits administered by the Veterans Administration, and she could be deprived of her rights and benefits as a veteran under State and Federal laws.  The applicant confirmed she had no desire to perform further military service and did not submit a statement in her own behalf.  

4.  On 14 December 2000, the separation authority approved the applicant's request for discharge and directed that she be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate.  

5.  On 23 January 2001, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) she was issued shows she completed 2 years, 3 months and 7 days of creditable active military service.  The record also shows 433 days of excess leave, from 18 November 1999 to 23 January 2001.  

6.  The applicant's record shows she accrued 45 days of time lost due to being AWOL.  She was absent without leave (AWOL) during the period 13 and 14 September 1999, 16 and 17 September 1999, and 23 September 1999 through 2 November 1999.  She surrendered to military authorities.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling statements or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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, an under other than honorable conditions discharge 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.  

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  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 and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends that she was 19 and with a newborn daughter, when she received orders for Egypt, and being provided no alternative but to give up her daughter for adoption affected her behavior and ultimately caused her to be discharged.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Moreover, she 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.

5.  The applicant has expressed her desire to rejoin the service and to receive her benefits.  However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4.  An RE code of 4 cannot be waived and the applicant is not eligible to reenlist.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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.

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:  Record Review       Date:  21 May 2014        Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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)		AR20130014761

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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