IN THE CASE OF:  	Mr. 

      BOARD DATE:  	27 June 2014

      CASE NUMBER:  	AR20140002672
___________________________________________________________________________

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 an upgrade of his discharge from under other than honorable conditions to general, under honorable conditions.

2.  The applicant states, in effect, his discharge was inequitable because his discharge was not based on facts.  He was drinking and was confined to quarters, and was the only other time he got in trouble.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 February 2014
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			5 May 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:			473rd Quartermaster Company, 501st Corps Support 						Group, APO AP 96258
f. Current Enlistment Date/Term:	11 February 1999, 3 years
g. Current Enlistment Service:	2 years, 2 months, 25 days
h. Total Service:			2 years, 2 months, 25 days
i. Time Lost:				13 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	77F10, Petroleum Supply Specialist
m. GT Score:				100
n. Education:				GED Certificate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant was enlisted in the Regular Army 11 February 1999, for a period of 3 years.  He was 17 years old at the time of entry with a GED Certificate.  He was trained in and awarded military occupational specialty (MOS) 77F10, Petroleum Supply Specialist.  His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PV2/E-2.  He was serving in Korea when his discharge was initiated.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on    13 March 2001, the applicant was charged with the following offenses:

     a.  violating a lawful general regulation, by wrongfully leaving Camp Casey without a liberty pass x 2 (000924, 001021),

     b.  violating a lawful general regulation, by wrongfully consuming alcohol underage x 3 (000924, 001021, 010302),

     c.  violating a lawful general regulation, by wrongfully being found off Camp Casey at 0100 and 0330 hours without a valid warrior pass x 2 (001021, 010218),

     d.  fleeing apprehension by PFC T, a person authorized to apprehend him (010218),

     e.  negligently damaging or destroying items, of a total value of less than $100, military property of the United States (010302),

     f.  unlawfully striking PV2 B in the head and face multiple times with a closed fist (010302) and
     g.  drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces (010302).

2.  On 24 April 2001, 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.  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 submitted a statement on his behalf.  The unit and the senior commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.

3.  On 1 May 2001, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  

4.  The applicant was discharged from the Army on 5 May 2001, with a characterization of service of under other than honorable conditions under the provisions of Chapter 10,             AR 635-200, by reason of in lieu of trial by court-martial, a Separation Program Designator code (SPD) of KFS and an RE code of 4.

5.  The applicant’s record of service indicates 13 days of time lost for being AWOL from           9 November 2000 until 20 November 2000; mode of return unknown.  Also, this period of lost time is not annotated on the applicant’s DD Form 214 block 29 dates of time lost during this period.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 20 April 2000, for without authority, failing to go at the time prescribed to his appointed place of duty x 4 (991110, 000124, 000125, 000203); and violating a lawful regulation, by wrongfully consuming alcohol under the legal of 20; the punishment consisted of reduction to E-1, forfeiture of $236 pay x 1 month, extra duty for 14 days, and restriction for 14 days, (CG).

2.  The record of evidence contains five Military Police Reports, dated 26 October 2000,         30 October 2000, 2 March 2001, 19 March 2001 and 5 April 2001 indicated the applicant was under investigation for underage drinking, warrior pass violation, aggravated assault, damaging government property, and disorderly conduct.

3.  The record of evidence contains ten DA Forms 2823 (Sworn Statement), dated between     24 September 2000 and 21 March 2001, which gave accounts of the applicant’s underage drinking, pass violation, drunk and disorderly conduct, and aggravated assault.

4.  The record of evidence contains two DA Forms 4187 (Personnel Action), dated                    9 November 2000 and 20 November 2000, indicated the applicant’s present for duty, and AWOL dates.

5.  He received nine negative counseling statements, dated between 10 November 1999 and 1 March 2000 for failing to report numerous times, missing formation on more than one occasion, underage drinking, failing the PT test more than once, dereliction of duty, unsatisfactory performance, and drunk on duty.

6.  A DA Form 8003, Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Enrollment, dated 22 March 2000 indicated the applicant was referred to ADAPCP by his supervisor.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant did not provide any information with the application.

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.  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.  

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.  Army Regulation 635-200, 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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

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, his military records, 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.  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 inequitable because his discharge was not based on fact.  There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.

5.  The applicant further contends he was drinking and was confined to quarters, and that was the only other time he got in trouble.  The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline.

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  27 June 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)		AR20140002672



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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