IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 March 2014

      CASE NUMBER:  	AR20130016512
___________________________________________________________________________

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 his under other than honorable conditions discharge be upgraded to general, under honorable conditions.

2.  The applicant states, in effect, that he wants to reenter the military after graduating from the University of South Florida.  He was young in age, bad timing, not yet matured and irresponsible and was 19 when the incident occurred.  After five months of total service he traveled to Fort Knox for out-processing.  He has since then progressed further into psychological maturity and his disciplined has changed.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			5 September 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				7 July 2009
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:				Company B, 551st Signal Battalion,
Fort Gordon, GA
f. Current Enlistment Date/Term:		29 July 2008, 6 years
g. Current Enlistment Service:		8 months, 1 day
h. Total Service:				8 months, 1 day
i. Time Lost:					98 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					13 years
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		NA
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				None
SUMMARY OF SERVICE:

The evidence of record shows the applicant enlisted in the Regular Army on 29 July 2008, for a period of 6 years.  He was 18 years old and completed 13 years of education.  His record documents no acts of valor or significant achievement.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of 98 days of time lost for being AWOL from 26 January 2009 until 3 May 2009.  He surrendered to the military authorities at Fort Knox, KY. 

2.  On 7 May 2009, 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 outlined in the preceding paragraph.  On 7 May 2009, 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.

3.  In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge. 

4.  He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws.  The applicant confirmed he had no desire to perform further military service and did not submit a statement on his own behalf.  

5.  The applicant was placed on excess leave from 8 May 2009 until 7 July 2009, for a total of 61 days.

6.  On 19 May 2009, the unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  

7.  On 17 June 2009, 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.  

8.  On 7 July 2009, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) shows he completed 8 months and 1 day of active military service and accrued 98 days of time lost due to being AWOL.  





EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling’s or Articles 15 actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a certificate from Service Salute for 4 years of dedicated service dated 30 August 2013; certificate of completion for Investment Licensing Program dated July 2012, copy of his college transcripts from the University of South Florida, Pilot License, and Equifax Credit Report as of 18 June 2013. 

POST-SERVICE ACTIVITY: 

None were 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.  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 his characterization of service to general, under honorable conditions was carefully considered.  However, after examining the applicant’s record of service, the issue 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 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.  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 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 that he wants to reenter the military after graduating from the University of South Florida.  He was young in age, bad timing, not yet matured and irresponsible and was 19 when the incident occurred.  He has since then progressed further into psychological maturity and his discipline has changed.  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.  Further, the record shows the applicant was assigned a reentry eligibility (RE) Code of 4, which is appropriate based on the authority and reason for his discharge.  There is no basis for changing the applicant's reentry eligibility (RE) code and the applicant is no longer eligible for reenlistment. 

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:   Personal Appearance     Date:  12 March 2014       Location: Arlington, VA

Did the Applicant Testify?  Yes

Counsel: None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE

1.  The applicant submitted the following additional documents:

	a.  Letters of recommendation – BJL-E – 1 page
	b.  Letter of recommendation – NC – 1 page
	c.  Transcripts – USF – 8 pages

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130016512

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1