IN THE CASE OF: BOARD DATE: 24 June 2015 CASE NUMBER: AR20140009827 ___________________________________________________________________________ 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 of service to general, under honorable conditions. 2. The applicant did not present any issues of equity or propriety; however, Mrs. S provided a self-authored statement on his behalf. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 20 November 2013 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: 109th Transportation Company, Joint Base Elmendorf-Richardson, AK f. Current Enlistment Date/Term: 21 March 2012/4 years g. Current Enlistment Service: 1 year, 8 months, 9 days h. Total Service: 11 years, 5 months, 28 days i. Time Lost: None j. Previous Discharges: USAR, 020523-030209, NA AD, 030210-031031, HD USAR, 031101-040224, NA RA, 040225-051111, HD RA-051112-120320, HD (Concurrent Service) k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 110 n. Education: HS Letter o. Overseas Service: SWA, Alaska, Korea p. Combat Service: Afghanistan (101113-110222), Iraq (071013- 081115) (050928-060915) q. Decorations/Awards: ACM-CS, ICM-2CS, ARCOM-3, AAM-3, NATO MDL, VUA, AGCM-3, NDSM, GWOTSM, KDSM, NOPDR-2, ASR, OSR-3, AFRM, CAB-2 r. Administrative Separation Board: NA s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve (USAR) on 23 May 2002, for a period of 8 years and subsequently requested to enter the Regular Army on 25 February 2004. He was 18 years old at the time of entry and had a high school letter. He served in Afghanistan, Iraq, Alaska, and Korea, earned three ARCOMs, three AAMs, and two CABs, and completed 11 years, 5 months, and 28 days of active duty service. When his discharge proceedings were initiated, he was serving at Joint Base Elmendorf-Richardson, AK. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458 (Charge Sheet) which indicates on 16 September 2013, the applicant was charged with the following offenses of falsifying an official record and stealing government funds of a value of more than $500. 2. On 27 September 2013, 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 and intermediate commanders recommended a Bad Conduct Discharge Special Court-Martial. 3. On 30 October 2013, 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 20 November 2013, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service contains no record of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two CID Reports, dated 31 May 2013 and 11 June 2013, reflects the applicant was the subject of an investigation for larceny of government funds and fraud. 2. Two NCOERs covering the period of 7 September 2012 through 11 November 2013. The applicant was assessed as “Marginal” by his raters and received a “4/4” rating from his senior raters for his “Overall Performance/Overall Potential.” EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 25 May 2014 and a DD Form 214, dated 20 November 2013. 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, the issues and documents 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. Therefore, the reason for discharge and the 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: 24 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 1 No Change: 4 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) AR20140009827 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1