IN THE CASE OF: Ms. BOARD DATE: 31 October 2014 CASE NUMBER: AR20140012367 ___________________________________________________________________________ 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 to her under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, she provided evidence to reflect that it was a noncommissioned officer (NCO) that was guilty of committing the offenses and she did not receive any help from her chain of command. The applicant states she did not receive any negative counseling statements during her entire enlistment and that she believed, at the time, electing to remove self from the military was the best option. The applicant contends she would like a second chance to reenlist into the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 11 July 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 10 December 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: Headquarters and Headquarters Company, 593rd Sustainment Brigade, Fort Lewis, Washington f. Current Enlistment Date/Term: 5 December 2008/6 years g. Current Enlistment Service: 1 year, 5 days h. Total Service: 2 years, 9 months, 29 days i. Time Lost: None j. Previous Discharges: DEP, 070106-070211, N/A RA, 070212-081204, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Kuwait (090508-091129) q. Decorations/Awards: AAM, NDSM, GWOTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 February 2007 for 3 years and 19 weeks. She reenlisted on 5 December 2008, for a period of 6 years. She was 22 years old at the time and a high school graduate. She served in Kuwait, earned an AAM, and completed 2 years, 9 months, 29 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Lewis, Washington. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 2 October 2009, the applicant was charged with the following offenses: a. violation of the UCMJ, Article 86, failure to report (090825), b. violation of the UCMJ, Article 92, failure to follow a lawful order (090823), c. violation of the UCMJ, Article 107 x 2, false official statement (090917, 090827), d. violation of the UCMJ, Article 108, destruction of military property (090828), and e. violation of the UCMJ, Article 121 x 5, larceny (090510-090905 x 4, 090917) 2. On 23 November 2009, 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 she understood she 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 her own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. 3. On 24 November 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 10 December 2009, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service does not show any record of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Orders 341-0020, dated 7 December 2009, Installation Management Command, Military Personnel Division, Fort Lewis, Washington, discharge applicant from United States Army effective 10 December 2009. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 26 June 2014, a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant states since her discharge, she has served as a contractor on Fort Lewis where she was responsible for training over half of the supply personnel on supply/brigade property Book procedures. In addition, the applicant states she assisted the 7th Infantry Division G-4/Property Book Officer with the deactivation of the 4-2 SBCT. 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’s request for an upgrade of her characterization 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. 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's contentions about providing evidence an NCO was guilty of committing the offenses and that she did not receive any help from her chain of command were carefully considered. However, there is insufficient evidence available in the official record to make a determination on the validity of the applicant’s contentions. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 5. The applicant contends she did not receive any negative counseling statements during her entire enlistment and that she believed, at the time, electing to remove herself from the military was the best option. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. 6. The applicant contends she would like a second chance to reenlist into the military. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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: 31 October 2014 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) AR20140012367 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1