IN THE CASE OF: Mr. BOARD DATE: 1 May 2015 CASE NUMBER: AR20140008878 ___________________________________________________________________________ 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 characterization to general, under honorable conditions. 2. The applicant states, in effect, at the time of his discharge he was going through a lot of mixed emotions and stress which caused him to lose focus on his military career. He states, he began to self-medicate to cope with the stressors he faced. He did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 19 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 16 July 2009 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: 500th Military Police Detachment, Fort Leavenworth, KS f. Current Enlistment Date/Term: 9 September 2004/3 years, 21 weeks g. Current Enlistment Service: 4 years, 10 months, 8 days h. Total Service: 4 years, 10 months, 8 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 90 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (060916-070818) q. Decorations/Awards: ARCOM, AAM-2, AGCM-2, NDSM, ICM-CS, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 9 September 2004, for a period of 3 years and 21 weeks. He was 28 years old at the time of entry and a high school graduate. He served in Iraq and earned an ARCOM and two AAMs, and completed 4 years, 10 months, 8 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Leavenworth, KS. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458 (Charge Sheet) which indicates on 29 June 2009, the applicant was charged with the following offenses: a. being AWOL from 15 June 2009 until 29 June 2009 and 11 June 2009 until 12 June 2009, b. failing to go at the time prescribed to his appointed place of duty on 2 June 2009 and 3 June 2009, and c. breaking restriction on 18 May 2009, 21 May 2009, and 1 June 2009. 2. 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 submit a statement on his own behalf. The applicant’s chain of command recommended approval of an under other than honorable conditions discharge. 3. On 9 July 2009, 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 16 July 2009, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service shows no record of unauthorized absences or time lost. However, the Charge Sheet, dated 29 June 2009, indicates 16 days of time lost due to being AWOL. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 458 (Charge Sheet), dated 29 June 2009. 2. Decision memorandum, dated 9 July 2009. 3. Article 15, dated 24 April 2009, for wrongful use of tetrahydrocannabinol. The punishment consisted of a reduction to the grade of E-4, forfeiture of $1,000 (suspended), and 45 days of extra duty and restriction (FG). 4. DA Form 2627-2 (Record of Supplementary Action under Article 15, UCMJ), dated 10 June 2009, reflects the applicant’s punishment of forfeiture of $1,000 was vacated for the applicant failing to go at the time prescribed to his appointed place of duty on two occasions (2 June 2009 and 3 June 2009) and breaking restriction on three occasions (18 May 2009, 21 May 2009 and 1 June 2009). 5. Two MP Reports, dated 27 March 2009 and 9 April 2009, reflects the applicant was the subject of an investigation for a positive urinalysis for marijuana. 6. There is one positive urinalysis report contained in the record: IR, Inspection Random, 27 March 2009, marijuana 7. Four DA Forms 4187 (Personnel Action), dated 19 June 2009, reflects the applicant’s duty status changes. 8. Several counseling statements, dated between 9 April 2009 and 15 June 2009, for a positive urinalysis test, failure to obey orders or regulations, and being AWOL. 9. Two NCOERs covering the period of 1 September 2007 through 30 November 2008. The applicant was rated as “Fully Capable” by his raters and received a “3/2” rating from his senior rater. On one report the senior rater did not meet qualifications to render a rating. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 1 May 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 was carefully considered. However, after examining the applicant’s record of service, the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the 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 dealing with a lot of mixed emotions and stress at the time of his discharge. 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. 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: 1 May 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) AR20140008878 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1