IN THE CASE OF: Mr. BOARD DATE: 27 February 2015 CASE NUMBER: AR20140005372 ___________________________________________________________________________ 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 under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, he completed his term of service under honorable conditions. He contends, he reported to the airport 45-50 minutes prior to his flight to Korea however, the representative would not let him board his flight because he had to report at least one hour prior to his flight leaving. He states, he contact his chain of command to inform them of the situation as well as, the transportation office at Fort Campbell, KY. He states, he was told he had to purchase his own ticket to Korea. He could not afford to pay $1800 for a ticket therefore, he missed his report date. He contends he was a good Soldier. His current discharge has limited his job and career opportunities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 19 February 2003 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: 1st AG Replacement Company, Korea f. Current Enlistment Date/Term: 6 August 1999/3 years g. Current Enlistment Service: 2 years, 2 months, 19 days h. Total Service: 5 years, 2 months, 15 days i. Time Lost: 476 days j. Previous Discharges: RA, 960806-990805, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 67S10, OH-58D Helicopter Repairer m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: 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 6 August 1996, for a period of 4 years. He was 19 years old at the time of entry and a high school graduate. He reenlisted on 6 August 1999, for a period of 3 years. His record is void of any significant acts of valor and achievement. He completed a total of 5 years, 2 months, 15 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Knox, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458 (Charge Sheet), which indicates on 3 February 2003, the applicant was charged with being AWOL from his unit, to wit: 1st AG Replacement Company, Yongsan, Korea, on 15 April 1999 until 17 September 2000 and from the US Army Personnel Control Facility, Fort Knox, KY, from 20 September 2000 until 22 January 2003. 2. On 3 February 2003, 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 unit commander recommended approval of an under other than honorable conditions discharge. 3. On 10 February 2003, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 4. The applicant was discharged from the Army on 19 February 2003, 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. 5. The applicant’s record of service shows 476 days of time lost for being AWOL from 15 April 1999 until his surrender on 5 August 2000. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A DA Form 458 (Charge Sheet), dated 3 February 2003, reflects the applicant was charged with being AWOL from his unit, to wit: the 1st AG Replacement Company, Yongsan, Korea, from 15 April 1999 until 17 September 2000 and from the US Army Personnel Control Facility, Fort Knox, KY, from 20 September 2000 until 22 January 2003. 2. A Charge Sheet, which was initiated on dated 22 March 2002, reflects the applicant was charged with being AWOL from 20 September 2000, to wit: US Army Personnel Control Facility, Fort Knox, KY. 3. A Charge Sheet, which was initiated on dated 11 June 2001, reflects the applicant was charged with being AWOL and remaining permanently away from his unit, to wit: 1st Replacement Company, 8th PERSCOM, Korea, on 15 April 1999, and remained so in desertion. 4. Orders Number 43-6, DA, Headquarters, US Army Personnel Control Facility, Fort Knox, KY, dated 12 February 2003, reduced the applicant to the grade of E-1, effective 10 February 2003. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 12 March 2014 and a DD Form 214. 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 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 and the issues 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 he was a good Soldier and completed his first term of service honorably. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by his absence from his unit for 476 days. 5. The applicant further contends his discharge limits his job and career opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 6. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct. Specifically, he claims he arrived at the airport 45-50 minutes prior to his departure and the airline representative would not let him board the plane; as a response, he contacted his chain of command and the transportation office for guidance and was told to purchase his own ticket to Korea. The record of evidence does not support the applicant’s contention. The applicant had several other legitimate avenues to obtain assistance, like the gaining command, Army Community Service, the United Services Organization (USO), and other resources available to all Soldiers. 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 7. 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: 27 February 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) AR20140005372 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1