BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150003978 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his discharge under other than honorable conditions to honorable. 2. The applicant states: a.  He was discharged for being absent without leave (AWOL) while stationed at Camp Casey, Korea. He only had 10 months of remaining service when he arrived at Camp Casey even though the required service period for Korea is 1 year. b.  He fought going to Korea and he turned down the orders to go, but he was forced to go even though he had already planned to get out of the Army due to his knee injury and frequent nightmares. He could not keep up with his Soldiers and he figured serving the rest of his time and getting out was the best course of action. c.  He advised his chain of command of his remaining service once he arrived in Korea. He attempted to start the Army Career and Alumni Program, but he was denied by his unit several times. c.  He was forced to participate in a month-long field exercise. He snapped after being ridiculed for 6 months about his injury and almost being run over by a high mobility multi-purpose wheeled vehicle by his section sergeant. d.  His section sergeant got in his face and threatened his life. He walked away after telling his section sergeant that he could have his stripes if he wanted them. e.  He met with his commander about the incident and he was informed he was receiving nonjudicial punishment under Article 15, Uniform Code of Military Justice, for pulling a knife on a noncommissioned officer even though he did not have a knife at the time; that he was not going to be allowed to attend the Army Career and Alumni Program at all; and that he would have to reenlist and do it stateside. At this point, he was depressed and thought of killing himself. These thoughts scared him, so he ran. f.  He flew out of Korea and ended up in Thailand. He regained his senses after 3 months and he went back to the United States and turned himself in. He received a "chapter 10 discharge" and he was released. g.  This is his second attempt for an upgrade of his discharge. He wants his record cleared so he can progress with his life. He takes care of his mother and he barely makes ends meet. He can find a better job and even go to school with a discharge upgrade. 3. The applicant provides: * birth certificate * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 4187 (Personnel Action) * extracts of his discharge package CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 24 August 2005. 2. A DA Form 4187, dated 27 July 2012, shows his status was changed from present for duty at Camp Casey, Korea, to AWOL on 26 June 2012. 3. On 27 July 2012, he was dropped from the unit rolls. 4. He was apprehended by civil authorities in the State of Arizona and he was returned to military control at Fort Sill, OK, on 27 September 2012. 5. On 2 October 2012, he was interviewed by personnel at the Personnel Control Facility, Fort Sill, OK, and he indicated he was AWOL due to vast problems and he did not desire to remain on active duty. 6. A DA 4187, dated 4 October 2012, shows his status was changed from dropped from the rolls to present for duty on 27 September 2012. 7. On 28 September 2012, his commander recommended trial by court-martial. 8. On 4 October 2012, charges were preferred against the applicant for being AWOL on or about 26 June 2012 until on or about 27 September 2012. 9. On 4 October 2012, he consulted with counsel who advised him of the basis for his contemplated trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge; the effects of requesting discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 10; and the rights available to him. 10. After consulting with counsel, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. He acknowledged his guilt and that: * he understood he could be discharged under other than honorable conditions * as a result of such a discharge, he would be deprived of many or all Army benefits and he would be ineligible for many or all benefits administered by the Veterans Administration * he could be deprived of his rights and benefits as a veteran under Federal and State laws * he could expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge * he did not elect to submit a statement in his own behalf * he declined a physical evaluation prior to his separation 11. His DD Form 2648 (Pre-separation Counseling Checklist), dated 4 October 2012, shows he underwent pre-separation counseling. 12. On an unknown date, his commanding officer recommended approval of his request with the issuance of a discharge under other than honorable conditions. His case was found legally sufficient for processing. 13. On 19 October 2012, the separation authority approved the applicant's request and directed the characterization of his service as under other than honorable conditions and his reduction from the rank/grade of sergeant/E-5 to private/E-1. 14. On 23 October 2012, he was discharged accordingly. His DD Form 214 shows he completed 6 years, 10 months, and 29 days of net active service this period and he had lost time during the period 26 June 2012 through 26 September 2012 for a total of 93 days. 15. On 26 April 2013, the Army Discharge Review Board denied his request for an upgrade of his discharge. 16. He provided a copy of his birth certificate and extracts of his discharge packet. 17. His records are void of and he failed to provide evidence of a diagnosed mental health condition, knee injury, or negative counseling. 18. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized sentence 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. b. 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. c. 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 CONCLUSIONS: 1. The applicant's request for an upgrade of his discharge under other than honorable conditions was carefully considered. 2. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. The record shows he was charged with being AWOL, an offense for which he could have been tried by court-martial and sentenced to a punitive discharge under the Uniform Code of Military Justice. All requirements of law and regulation were met and his rights were fully protected throughout his discharge process. 3. Based on his record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel. Although the applicant may have fought his assignment to Korea, this factor is not sufficiently mitigating to support an upgrade of his discharge. Assignment of Soldiers is based on the needs of the Army. 4. Further, his records are void of and he failed to provide any evidence of a mental health condition, knee injury, or negative counseling. 5. In view of the foregoing, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X_ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150003978 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003978 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1