Applicant Name: Mr. Application Receipt Date: 2012/09/26 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like an upgrade of his discharge to honorable. He contends his discharge was inequitable because it was based on one isolated incident in 15 years of commendable service. The statements of the incident that occurred did not accurately detail what happen and portrayed him as being someone totally foreign to his character. He never initiated any type of disrespect toward a subordinate or superior. He takes full responsibility for the way in which he reacted to the beratement; realizes he let pride get in the way of rational thought; allowed himself to be provoked to the point of making the worst decision of his life. However, he believes having charges preferred against him and facing court martial was excessive. He was not alone in the unprofessional act conducted, given his past performance record, he strongly believes an alternate administrative action would have been appropriate. He is requesting consideration for retirement from the Army under the provisions of the Qualitative Management Program for Senior NCOs, DA MILPER message 12-198, dated 28 June 2012. He request the board consider changing the narrative reason for separation to sufficient service for retirement, paragraph D (1). In addition, the 2012 Defense Authorization Act signed into law December 31, 2011 authorizes temporary early retirement authority for service members with at least 15 years of active service. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 120503 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 787th OD Co, Joint Base Lewis-McChord, WA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 30 Current ENL Date: 080327 Current ENL Term: Indefinite Years ????? Current ENL Service: 04 Yrs, 01 Mos, 07 Days ????? Total Service: 16 Yrs, 10 Mos, 12 Days ????? Previous Discharges: USNR-950621-951023/NA USN-951024-991023/HD USNR-991024-001116/NA RA-001117-040527/HD RA-040528-080326/HD Highest Grade: E-7 Performance Ratings Available: Yes No MOS: 89D48/EOD Specialist GT: 96 EDU: HS Grad Overseas: SWA Combat: Afghanistan (021106-030622, 040523-041117, and 120117-120308) Iraq (060608-061210 and 070429-080721) Decorations/Awards: BSM-4, ARCOM-2, AGCM-3, ICM-w/2CS, NDSM-w/BSS, ACM-w/2CS, Achievement Medal, USN Good Conduct Medal, CAB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 February 2012, the applicant was charged with disrespecting a commissioned officer (120206), striking a commissioned officer in the face (120206), making a false statement (120206), and wrongfully communicating a threat to two Soldiers (120206). On 15 February 2012, 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. Further, the applicant indicated he understood that 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 submitted a statement in his own behalf. The unit commander recommended approval of the Chapter 10 request with general, under honorable conditions discharged. The intermediate commander recommended approval with an under other than honorable conditions discharge. The senior intermediate commander recommended approval with a general, under honorable conditions discharge. On 26 February 2012, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. The applicant contends his discharge was based on one isolated incident. However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting an honorable discharge. The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incidents of misconduct. The analyst noted the applicant's issue about requesting consideration for retirement from the Army under the provisions of the Qualitative Management Program for Senior NCOs, DA MILPER message 12-198, dated 28 June 2012. The applicant’s requested issue does not does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 April 2013 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application, dated 26 September 2012, Documents from AMHRR (140 pages), and DD Form 214 for the period of enlistment under review. VIII. Board Discussion, Determination, and Recommendation 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 to be proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: N/A Other: N/A RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board JOSEPH M. BYERS Lieutenant Colonel, U. S. Army Secretary Recorder 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 UOTH - Under Other Than Honorable Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120018310 ______________________________________________________________________________ Page 4 of 5 pages