IN THE CASE OF:  	Mr. 

      BOARD DATE:  	5 May 2014

      CASE NUMBER:  	AR20130022426
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst’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 an upgrade of his discharge from under other than honorable conditions to honorable.

2.  The applicant states, in effect, that his reasons for going AWOL which resulted in his discharge was personal and family related.  The applicant contends being away from home, he was home sick and depressed.  His dad was very sick with cirrhosis of the liver which he later passed away.  His wife had a baby which he was unable to see.  He also contends at the time he was young and being in a new environment, he didn't know who to turn to, he was naïve, insecure, and confused, so he went home for comfort.  He is now a totally different person; grown up, matured, and a reliable young man. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 December 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			25 February 2003
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:			HSB, 2nd Bn, 320th FA, Fort Campbell, KY
f. Current Enlistment Date/Term:	30 January 2001, 3 years
g. Current Enlistment Service:	2 years, 26 days
h. Total Service:			2 years, 26 days
i. Time Lost:				338 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	77F10, Petroleum Supply Specialist
m. GT Score:				88
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
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 30 January 2001, for a period of three years.  He was 26 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievements.  He completed 2 years and 26 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army to include the DD Form 458, Charge Sheet and the applicant's request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  However, the record contains the chain of command recommendations, the separation authority’s approval memorandum, and a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  On 12 February 2003, a memorandum from the Staff Judge Advocate indicated the applicant's chain of command after reviewing his request for discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200, for two specification of AWOL and based on no prior convictions recommended the applicant be discharged with a characterization of service of under other than honorable conditions. 

3.  On 12 February 2003, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC.

4.  The applicant was discharged from the Army on 25 February 2003, with a characterization of service of UOTHC under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and a RE code of 4. 

5.  The applicant’s record of service indicates 338 days of time lost as a result of going AWOL from 2 February 2002 until his return on 6 January 2003.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two DD Forms 4187 (Personnel Action), dated 4 February 2002 changing the applicant's duty status from present for duty PDY to AWOL and AWOL to dropped from rolls.

2.  There are no negative counselings or actions under the Uniform Code of Military Justice in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a self-authored statement.

POST-SERVICE ACTIVITY: 

None were provide 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his characterization 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 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 and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends his discharge was the result of being young and immature along with personal and family related issues.  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.

5.  Furthermore, while the applicant may believe his personal and family issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought assistance through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.

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:  5 May 2014         Location: Washington, DC

Did the Applicant Testify?  No

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)		AR20130022426



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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