IN THE CASE OF:  	

      BOARD DATE:  	9 March 2015

      CASE NUMBER:  	AR20140019196
___________________________________________________________________________

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 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, that he would like an upgrade of his discharge for the purpose of being able to rejoin the military.  He contends, his discharge was the result of him having similar symptoms to PTSD.  He contends, his symptoms most likely were caused because he was 17 and lost his battle-buddies.  He contends, he was put on med hold at Fort Rucker as documented in his packet.  Unfortunately, the medical center at Fort Rucker destroyed his psychological reports.  He regrets his mistakes.  He believes he should have stayed on medical hold and not gone AWOL.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 October 2014
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			20 December 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:			Med Co, US Army Med Ctr, Fort Rucker, AL
f. Current Enlistment Date/Term:	27 March 2000, 6 years
g. Current Enlistment Service:	1 year, 6 months, 6 days
h. Total Service:			1 year, 6 months, 6 days
i. Time Lost:				78 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	13F10, Fire Support Specialist
m. GT Score:				123
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:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 27 March 2000, for a period of 6 years.  He was 17 years old at the time and had a high school equivalency (GED).  The record does not contain any evidence of acts of valor or meritorious achievements.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on    18 December 2000, the applicant was charged with going AWOL (000925-001212).

2.  On 18 December 2000, 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 did not submit a statement on his own behalf.  The applicant's unit commander recommended approval of an UOTHC discharge.

3.  On 5 December 2001, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of UOTHC.  The applicant was reduced to the lowest enlisted rank. 

4.  The applicant was discharged from the Army on 20 December 2001, with a characterization of service of under other than honorable conditions 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 78 days of time lost for going AWOL from          25 September 2000 until his return on 12 December 2000.  The DD Form 214 under review also indicates 367 days of excess leave (001219-011220).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two DA Forms 4187 (Personnel Action), dated 12 October 2000 and 26 October 2000, changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL) and AWOL to dropped from the rolls (DFR).

2.  A report of return of absentee (DD Form 616) dated 12 December 2000, indicating the applicant surrendered 12 December 2000 after going AWOL 25 September 2000.

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, two letters of recommendation, two pages of his DA Form 2-1, DA Form 4187 changing his duty status from AWOL to DFR, DD Form 553 (deserter/absentee wanted by the armed forces), dated 26 October 2000, DD Form 616 (report of return of absentee), dated 12 December 2000, showing his return to military control on         12 December 2000, and three pages from his separation packet.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, that since his discharge he has received an AA in general studies, an AS in network technologies including certified A+, Network+, Security+, Project+, and a EC certified Ethical Hacker; and is close to finishing a BA in Intelligence Operation.

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 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 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 him having similar symptoms of PTSD and that the symptoms most likely were caused because he was 17 and lost his battle-buddies.  However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

5.  Furthermore, 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.

6.  The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to rejoin the military.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.

8.  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: Personal Appearance	  Date:  9 March 2015      Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: No

Witnesses/Observers: None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  “New” Discharge Upgrade and PTSD (2 pages)

	b.  Post Traumatic Disorder (3 pages)

	c.  Memorandum for Secretaries of the Army

	d.  Diplomas and certificates (1 page)

      e.  BA Graduation proof (Intelligence Ops) (3 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:   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:		No Change
Change RE Code to:			No Change
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)		AR20140019196



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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