IN THE CASE OF:  	Ms. 

      BOARD DATE:  	25 June 2014

      CASE NUMBER:  	AR20140006888
___________________________________________________________________________

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 her general, under honorable conditions discharge to fully honorable.

2.  The applicant states, in effect, she believes she was granted an honorable discharge several years before she was pressured to accept a general, under honorable conditions discharge for desertion.  She states she did not consciously desert the military.  She suffers from Post Traumatic Stress Disorder (PTSD) and left the Army during an extended mental fog brought on by her PTSD condition.  She regained her mental awareness and was led to believe she would be granted an honorable discharge.  She made no effort to avoid detection by the Army, did not believe she was discharged and would have immediately report for duty. She contends she was led to believe by Ms. K, a nurse, at the James J. Peters Veterans Administration Medical Center (VAMC) that she was discharged honorably on 31 May 2006, for PTSD and received a letter on 18 February 2009, indicating she was honorably discharged from the military due to symptoms of combat-related PTSD.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			16 April 2014
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				30 August 2011
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:				299th Brigade Support Battalion (Rear), Fort
Riley, KS
f. Current Enlistment Date/Term:		28 February 2002/4 years
g. Current Enlistment Service:		3 years, 1 month, 19 days
h. Total Service:				3 years, 3 months, 16 days
i. Time Lost:					2,314 days
j. Previous Discharges:			DEP (020102-020227), NA
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		25L10, Cable Systems Installer/Maintainer
m. GT Score:					90
n. Education:					One semester college
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ARCOM, NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 28 February 2002, for a period of 4 years.  She was 22 years old at the time of entry and a high school graduate.  She earned an ARCOM and completed 3 years, 3 months, and 16 days of active duty service.  When her discharge proceedings were initiated, she was serving at Fort Riley, Kansas.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on 
9 June 2005, the applicant was charged with desertion, in that on 10 May 2005, without authority and with the intent to remain away permanently, absented herself from her unit and remained so absent in desertion.  

2.  On 21 July 2011, 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.  Further, the applicant indicated she understood she 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’s counsel submitted a statement in her behalf.  

3.  The unit commander and intermediate commander recommended approval of the Chapter 10 request with a general, under honorable conditions discharge.  

4.  On 10 August 2011, the separation authority approved the Chapter 10 request and directed a general, under honorable conditions discharge.  

5.  The applicant was discharged from the Army on 30 August 2011, with a characterization of service of general, under honorable conditions.

6.  The applicant’s record of service indicates 2,314 days of time lost for being AWOL from 021105-021117, 040828-041003, and 050510-110804.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A DA Form 458 (Charge Sheet), dated 9 June 2005, reflects on 10 May 2005, the applicant without authority and with the intent to remain away from permanently, absent herself from her unit, and remain so absent in desertion.

2.  A DD Form 616 (Report of Return of Absentee), dated 5 July 2011, reflects the applicant was apprehended by civilian authorities and returned to military control.

3.  A memorandum from the Department of Veterans Affairs, New York, New York, dated 
18 February 2009, reflects the applicant was honorably discharged from the military after serving from 28 February 2002 until 31 May 2006.
      
4.  A letter from Ms. L, Clinical Coordinator, James J. Peters VA Medical Center, Bronx, New York, provided background information on the applicant’s medical history and treatment from the VA.  She indicated the applicant was honorably separated on 10 June 2005 and had served in Iraq from 1 May 2003 through 30 April 2004.
      
5.  A letter from Ms. L, dated, 15 July 2011, provided information to CPT M, US Army Trial Defense Services, regarding the applicant’s history of treatment with the VA.

6.  Medical document, dated 12 April 2005, reflects the applicant was diagnosed with PTSD and major depressive disorder.  The document reflects the applicant was still on active duty.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 15 April 2014, with all listed enclosures.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of her 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.  

2.  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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of her 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 applicant received a general, under honorable conditions discharge, her record documents no acts of significant achievement or valor and did not support the issuance of an honorable discharge by the separation authority and it does not support an upgrade to an honorable discharge at this late date.  

4.  The applicant contends she suffers from combat-related PTSD.  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The applicant’s chain of command determined that although she was suffering from PTSD, she knew the difference between what was right and wrong.  Further, there are many Soldiers with the same condition that completed their service successfully.

5.  The applicant contends she was led to believe she was honorably discharged from the military and would have reported immediately for duty if she knew otherwise.  Although the applicant provided a letter from the VA indicating she had been honorably discharged from the military, the evidence of record indicates the applicant’s service was to expire on 31 May 2006; however, she was reported AWOL on 10 May 2005, dropped from the unit’s rolls on 9 June 2005, apprehended by civilian authorities and returned to military control on 5 July 2011.  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 issue. 

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:  Records Review      Date:  25 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  Counsel:  Yes [redacted]

Witnesses/Observers:  No

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)		AR20140006888



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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