IN THE CASE OF: Mr. BOARD DATE: 9 January 2015 CASE NUMBER: AR20140002381 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his AWOL (PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 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 under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, he reenlisted for an assignment to Korea and had taken 30 days leave. He states during his last week of leave his father disclosed to him that he had cancer as well as many other serious health problems. He states his father was afraid it would be his last time seeing him, so [he] attempted to contact his unit and explain the situation and to request reassignment or leave extension. He states he was told to go to Korea and request assistance once there. He felt the process would take too long and decided not to proceed to his assignment in Korea but instead stay and care for his father. He was reported as AWOL. He eventually turned himself in, served one year and was discharged. He states he wanted to make a career out of the military but had no choice but to care for his family. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 13 August 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: Home Detachment Company, 1-64th Armor Regiment, Fort Stewart, GA f. Current Enlistment Date/Term: 12 January 2010/NIF g. Current Enlistment Service: 3 years, 7 months, 2 days h. Total Service: 5 years, 19 days i. Time Lost: 509 days j. Previous Discharges: DEP, 070825-070919, NA RA, 070920-100111, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W10, Health Care Specialist m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: SWA, Korea p. Combat Service: Iraq, 091101-101101 q. Decorations/Awards: ICM-2CS, ARCOM, NDSM, GWOTSM, KDSM, ASR, OSR-2, CAB r. Administrative Separation Board: Yes s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 20 September 2007, for a period of 2 years and 20 weeks. He was 21 years old at the time of entry and a high school graduate. He reenlisted on 12 January 2010, for an unknown period of service. He served in Iraq and Korea. He earned an ARCOM and a CAB. The applicant completed 5 years and 19 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 27 December 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense). Specifically for, being AWOL from 28 January 2011 until 22 June 2012. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge. 3. On 7 January 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and voluntarily waived his right to an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge. The applicant did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. On 13 March 2013, the applicant was notified to appear before an administrative separation board and advised of his rights. 5. On 28 March 2013, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant’s discharge with characterization of service of under other than honorable conditions. 6. On 14 May 2013, the battalion commander requested the separation authority ratify the administrative board proceedings due to an appointing or harmless error. 7. On 31 May 2013, the separation authority ratified the administrative separation board proceedings, disapproved the applicant’s conditional waiver and approved the recommendation of the administrative separation board. He directed the applicant be reduced to the lowest enlisted grade and discharge with a characterization of service of under other than honorable conditions. (Note: the applicant had already been reduced to the grade of E-1 before the administrative discharge hearing) 8. The applicant was discharged from the Army on 13 August 2013, with a characterization of service of under other than honorable conditions, under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 9. The applicant’s record of service indicates 509 days of time lost for being AWOL from 28 January 2011 until his return on 21 June 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Permanent Orders Number 146-035, dated 26 May 2010, for award of the Combat Action Badge. 2. DA Form 3822 (Report of Mental Status Evaluation), dated 14 November 2012, reflects the applicant was command-referred to mental health pending separation. He had no obvious impairments, could understand the difference between right and wrong, and was diagnosed with anxiety. The applicant was screened positive for Post Traumatic Stress Disorder (PTSD). 3. One counseling statement dated 3 October 2012, to discuss separation under AR 635-200, Chapter 14-12c, for being AWOL. 4. DA Form 458 (Charge Sheet), dated 22 March 2012, reflects the applicant was charged with being AWOL form his unit beginning 28 January 2011. 5. Three DA Forms 4187 (Personnel Actions) reflect the applicant’s duty status changed from present for duty (PDY) to AWOL effective 28 January 2011, from AWOL to dropped from rolls (DFR) effective 27 February 2011, and from DFR to PDY effective 22 June 2012. 6. Article 15, dated 24 October 2012, for being AWOL from 28 January 2011 until 22 June 2012. The punishment is not reflected in the file (FG). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 29 January 2014 and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 2. Army Regulation 635-200, 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. Whenever there is doubt, it is to be resolved in favor of the individual. 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, and his military records submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant diminished the quality of his service below that meriting a general or a fully honorable discharge. The applicant’s record of service was marred by 509 days of lost time due to being AWOL, a FG Article 15 and one negative counseling statement. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends he went AWOL because of his father had cancer and other serious medical problems. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his AWOL (PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 9 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 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: 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) AR20140002381 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1