IN THE CASE OF: Ms. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140005609 ___________________________________________________________________________ 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 to upgrade the characterization of her service from under other than honorable to general, under honorable conditions or honorable. 2. The applicant states, in pertinent part and in effect, she made a drastic and immature decision she deeply regrets by going AWOL due to losing a cousin she was very close with. An upgrade of her reentry code to “3” would allow her to be a Soldier again to fix her mistake. Since her discharge, she has been working, going to school, attending church, and teaching her nephew to play basketball. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 28 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 22 September 2006 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: Co D, 187th Ordnance Bn, Fort Jackson, SC f. Current Enlistment Date/Term: 24 January 2006, 4 years, 24 weeks g. Current Enlistment Service: 0 years, 5 months, 7 days h. Total Service: 0 years, 5 months, 7 days i. Time Lost: 84 days j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 24 January 2006, for a period of 4 years and 24 weeks. She was 22 years old at the time of entry and a high school graduate. Her record documents no acts of valor or significant achievement. She completed 5 months and 7 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s disciplinary history includes accrual of 84 days of time lost for being AWOL from 22 May 2006 until she surrendered to military authorities on 14 August 2006. 2. On 17 August 2006, 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. On 17 August 2006, 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 her. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. 3. In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charge against her or of a lesser-included offense that also authorized the imposition of a bad conduct discharge. She also confirmed her understanding that if her request for discharge was approved, she could receive an under other than honorable conditions (UOTHC) discharge. She further stated she understood that receipt of an under other than honorable conditions discharge could result in her being deprived of many or all Army benefits, her possible ineligibility for many or all benefits administered by the Veterans Administration, and she could be deprived of her rights and benefits as a veteran under State and Federal laws. The applicant confirmed she had no desire to perform further military service and submitted a statement in her own behalf. 4. On 11 September 2006, the separation authority approved the applicant's request for discharge and directed that she be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate. 5. On 22 September 2006, the applicant was discharged accordingly. The DD Form 214 (Report of Separation from Active Duty) she was issued shows she completed 5 months and 7 days of creditable active military service and accrued 84 days of time lost due to being AWOL. The record also shows 36 days of excess leave from 18 August 2006 to 22 September 2006. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Charge Sheet described at the preceding paragraphs 1 and 2. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement. POST-SERVICE ACTIVITY: The applicant states, in effect, since her discharge, she has been working, going to school to better herself, attending church, and teaching her nephew to play basketball. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization and a change to the reentry code 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. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her 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 she wants to be a Soldier again to fix the drastic, immature, and regrettable decision she made by going AWOL. 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. 5. Regarding her contention that she was young and immature at the time of the discharge, 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 contends that losing a very close cousin affected her behavior by going AWOL and ultimately caused her to be discharged. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. 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: 20 March 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) AR20140005609 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1