IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140009960 ___________________________________________________________________________ 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant requests a change to the reentry eligibility (RE) code. 2. The applicant states, in effect, he was young at the time he went AWOL. He desires to reenlist, but was denied due to his RE code. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 9 January 2004 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: C Co, 1-50th Infantry USAITB, Fort Benning, GA f. Current Enlistment Date/Term: 11 March 2003/OIADT, NIF g. Current Enlistment Service: 5 months, 21 days h. Total Service: 1 year, 1 month, 1 day i. Time Lost: 128 days j. Previous Discharges: ARNG (021008-030310)/NA (Concurrent Service) k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: GED Certificate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 8 October 2002, for a period of 8 years. He was 19 years old at the time of entry with a GED Certificate. He was ordered to IADT on 11 March 2003, the period of service is not in the file. His record did not contain any evidence of acts of valor or meritorious achievements. He was in initial entry training at Fort Benning, GA when he went AWOL. He was returned to duty at Fort Sill, OK where his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. 2. The DD Form 214 indicates on 9 January 2004, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial), with a reentry eligibility (RE) code of 4. 3. The applicant’s available record does not contain any evidence of actions under the Uniform Code of Military Justice (UCMJ). 4. The applicant’s record of service indicates 126 days of time lost for being AWOL from 17 April 2003 until 11 August 2003; he was apprehended by civil authorities. Also, the applicant had 135 days of excess leave from 28 August 2003 until 9 January 2004. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214, dated 9 January 2014. 2. NGB Form 22, dated 17 May 2003. 3. Two DA Forms 4187 (Personnel Action), dated 7 February 2003 and 5 May 2003, showing the applicant’s present for duty, AWOL and dropped from rolls dates. 4. DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 5 May 2003, indicating the applicant was wanted as a deserter. 5. DD Form 616 (Report of Return of Absentee) dated 12 August 2003, indicating the applicant was apprehended by civilian authorities. 6. Enlistment/Reenlistment document dated 8 October 2002. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, self-authored statement, two DD Form 214, honorable discharge certificate, Discharge Orders D-10-017717, enlistment/reenlistment document, two DA Forms 4187 (Personnel Action), DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), EREC Form 85, NGB Form 22, DA Form 458 (Charge Sheet, two pages), attachment Orders 03-139-00011, National Guard Discharge Orders 167-17, and a telephone/verbal conversation record. POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant requests a change to the reentry eligibility (RE) code. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends he was young at the time he went AWOL. 5. The applicant desires to reenlist, but was denied due to his RE code. 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. 6. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 7. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, and the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 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) AR20140009960 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1