IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140002574 ___________________________________________________________________________ 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 uncharacterized to honorable or general, under honorable conditions. 2. The applicant states, in effect, that he is homeless with limited income and disable. He contends that as a result of his military service he suffers from a lot of anxiety and stress dealing with people. He contends his discharge was the result of his concern for his father. He now needs to see a doctor and believes his experience in the military may have made his situation worse. He contends he has delusions about saving or destroying the world, and believes it depends on the day and the mood he's in. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 February 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 May 2013 d. Reason/Authority/SPD/RE: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-4 e. Unit of assignment: E Co, 71st Trans, Fort Eustis, VA f. Current Enlistment Date/Term: 3 November 2009, 6 years g. Current Enlistment Service: 1 year, 1 month, 17 days h. Total Service: 1 year, 2 months, 14 days i. Time Lost: 878 days j. Previous Discharges: USAR-091006-091102/NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 111 n. Education: 14 Years o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM 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 3 November 2009, for an unknown period of 6 years. He was 39 years old at the time of entry and had 14 years of education. The record does not contain any evidence of acts of valor or meritorious achievements. The DD Form 214 under review shows the applicant's date entered AD this period as (100411), this date should be (091103) and block 12d "total prior active service" should show (000000). His net active service this period should show 1 year, 1 month, and 17 days, based on his entry date minus his period of AWOL. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 10 September 2012, the applicant was charged with going AWOL (100411-120904). 2. On 10 September 2012, 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 UOTHC discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant did submit a statement on his own behalf. The unit commander recommended approval of an UOTHC discharge. 3. On 13 December 2001, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of uncharacterized. 4. The applicant was discharged from the Army on 13 May 2013, with a characterization of service of uncharacterized 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 an RE code of 4. 5. The applicant’s record of service indicates 878 days of time lost for going AWOL from 11 April 2010 until his return on 4 September 2012. The DD Form 214 under review also indicates 610 days of excess leave (110912-130513); however, it appears to be incorrect based on the applicant the applicant was in an AWOL status (110912). On (120912) he was in a present for duty (PDY) status. Therefore, the period of excess leave should read 244 days of excess leave (120912-130513). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Three DA Forms 4187 (Personnel Action), dated between 11 April 2011 and 6 September 2012, changing the applicant's duty status from PDY to AWOL, AWOL to dropped from the rolls (DFR), and DFR to PDY. 2. A report of return of absentee (DD Form 616) dated 4 September 2012, indicating the applicant surrendered 4 September 2012 after going AWOL 11 April 2010. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement (4 pages) and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the application. 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 issues and document 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. Furthermore, the record shows that the applicant was in entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with AWOL and while still in entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicant’s separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service under other than honorable conditions or to describe it as uncharacterized. By regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct. It appears the circumstance surrounding the discharge was the basis for the commander to describe the applicant's characterization of service as uncharacterized. 4. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. 5. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with his overall service record. 6. 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: 17 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA 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) AR20140002574 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1