IN THE CASE OF: BOARD DATE: 3 November 2014 CASE NUMBER: AR20140015310 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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 to general, under honorable conditions. 2. The applicant states, in effect, he was experiencing marital problems, informed that he was non-deployable, and his best friend committed suicide, all of which took place during the same time period. The applicant contends he sought help from his chain of command; however, was told to relax. The applicant contends turned to drugs as a coping mechanism. The applicant contends he was a top notch Soldier and would like his discharge to be upgraded in order for him to join the National Guard. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 25 August 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 1 April 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: 154th Transportation Company, Fort Hood, TX f. Current Enlistment Date/Term: 7 November 2011/3 years, 22 weeks g. Current Enlistment Service: 1 year, 1 month, 5 days h. Total Service: 1 year, 1 month, 5 days i. Time Lost: 108 days j. Previous Discharges: DEP, 110428-111106, N/A k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, 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 7 November 2011, for a period of 3 years and 22 weeks. He was 26 years old at the time of enlistment and a high school graduate. He completed 1 year, 1 month, 5 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Hood, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. The record did, however, contains the separation authority’s memorandum, dated 6 March 2013, approving the Chapter 10 request and directing the discharge with a characterization of service of under other than honorable conditions. Additionally, all charges and their specifications were dismissed without prejudice. The applicant’s record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 1 April 2013, 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, with a reentry eligibility (RE) code of 4. 3. The applicant’s record of service indicates 108 days of time lost for being AWOL (120813-121106, 130211-130306). He was apprehended by civil authorities in Belton, Texas and returned to military control on 28 February 2013. 4. Orders 081-0107, dated 22 March 2013, Headquarters, III Corps and Fort Hood, Texas, discharged the applicant from the Regular Army, effective 1 April 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 553 (Deserter/Absentee Wanted by The Armed Forces), dated 12 February 2013, identifies the applicant as an absentee from the 154th Transportation Company, Fort Hood, Texas. 2. DD Form 616 (Report of Return of Absentee), dated 28 February 2013, identifies the applicant as being apprehended by civil authorities in Belton, Texas on 28 February 2013 at 1010 hours. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 26 June 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the 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 the characterization of his discharge was carefully considered. However, after examining the applicant’s military records, the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. The record did, however, contains the separation authority’s memorandum, dated 6 March 2013, approving the Chapter 10 request and directing the discharge with a characterization of service of under other than honorable conditions. Additionally, all charges and their specifications were dismissed without prejudice. The applicant’s record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature 3. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct. Specifically, he claims his marital problems, best friend’s death, and nondeployable status led him to turn to drugs as a coping mechanism, ultimately resulting in his discharge. While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 4. The applicant contends he sought help from his chain of command. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 5. The applicant requests a change to the characterization of his service in order to join the National Guard. 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. 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, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 November 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140015310 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1