IN THE CASE OF:  	

      BOARD DATE:  	9 March 2015

      CASE NUMBER:  	AR20140021027
___________________________________________________________________________

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 notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the applicant’s testimony.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable.  The Board determined the reason for discharge was proper and equitable, and voted not to change it.  




      
      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 characterization of service from under other than honorable conditions to honorable.

2.  The applicant states, in effect, he has maintained a public service career to help the community while providing a service as a paramedic. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			1 December 2014
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				28 April 2000
d. Reason/Authority/SPD/RE Code:		In Lieu of Trial by Court-Martial, Chapter 10 								SPD, KFS, RE 4
e. Unit of assignment:				C Company, 1st Battalion, 8th Infantry
Regiment, Fort Carson, CO
f. Current Enlistment Date/Term:		5 August 1997 , 4 years
g. Current Enlistment Service:		2 years, 1 month, 9 days
h. Total Service:				2 years, 1 month, 9 days
i. Time Lost:					225 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		11M10, FV Infantryman
m. GT Score:					116
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 5 August 1997, for a period of 4 years.  He was      23 years old at the time of entry and a high school graduate.  He was serving at Fort Sill, OK at the time of discharge.  His record documents no acts of significant achievement or valor.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows on 28 October 1999, the applicant was charged with AWOL for the period 9 March 1999 until his surrender to the military authorities on 20 October 1999.

2.  On 28 October 1999, 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. 

3.  On 28 October 1999, 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.

4.  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.  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.  On 23 March 2000, the unit commander recommended approval with issuance of an under other than honorable conditions discharge.

6.  On 11 April 2000, 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.  

7.  On 28 April 2000, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 1 week, and 9 days of creditable active military service and accrued 225 days of time lost due to being AWOL.  The applicant was placed on excess leave for 183 days from 29 October 1999, until his separation from the Army on 28 April 2000.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DD Form 458 (Charged Sheet), dated 28 October 1999.

2.  DA Form 616 (Report of Return of Absentee) dated 8 February 2000, shows the applicant surrendered to the military authorities at Fort Irwin, CA.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 22 November 2014, several character reference letters with various dates that spoke highly of the applicant’s and his work ethics; four certificates that highlight his accomplishments with various dates; associate of applied science for paramedicine, dated 11 December 2010; certificate of recognition for flight paramedic, dated 31 December 2013, combined provider course certificate, dated 9 November 2014; and a citation of excellence, dated 1 March 2013.

POST-SERVICE ACTIVITY: 

The applicant states he has maintained a public service career to help the community while providing a service as a paramedic.

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.  

DISCUSSION AND RECOMMENDATION:

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

4.  The Applicant contends that since leaving the Army, he has maintained a public service career to help the community while providing a service as a paramedic.  The applicant’s letter and other documents with his application outlining his successful accomplishments since separation from active duty were noted.  The applicant is to be commended for his efforts.  Although, the Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge there is no law or regulation, which provides an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  

5.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears these accomplishments did not overcome the reason for discharge and characterization of service granted.  The applicant’s record was marred by 225 days of lost time for being AWOL from his unit.

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

Did the Applicant Testify?  Yes 

Counsel:  Yes

Witnesses/Observers:  Yes 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	National Registry of Emergency Medical Technicians (1 page)

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:   3	No Change:   2
Reason Change:	 0	No Change:   5 
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		General, Under Honorable Conditions
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)		AR20140021027



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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