IN THE CASE OF: Mr. BOARD DATE: 27 September 2013 CASE NUMBER: AR20130006606 ___________________________________________________________________________ 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 his under other than honorable conditions discharge be upgraded to a general discharge. 2. The applicant states, in effect, that he was never told that his discharge could be changed six months after separation. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 April 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 10 March 2000 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-3 e. Unit of assignment: 566th Quartermaster, Fort Hood, TX f. Enlistment Date/Term: 27 January 1997, 4 years g. Current Enlistment Service: 3 years, 1 months, 14 days h. Total Service: 3 years, 1 months, 14 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 63S10, Heavy Wheeled Vehicle Mechanic m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 27 January 1997, for a period of 4 years. He was 19 years old and was a high school graduate. His record indicates he served for 3 years, 1 month, and 14 days. The applicant served in Korea and Ft. Hood during his tenure of service. The record documents no acts of valor or significant achievement except for the ASR and an OSR. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 10 February 2000, court-martial charges was preferred against the applicant for violating Article 112a of the Uniform Code of Military Justice (UCMJ) specifically for wrongfully using a controlled substance (marijuana) on two occasions between the periods of 8 November 1999 to 7 December 1999; and 8 December 1999 to 4 January 2000. 2. On 22 February 2000, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to him. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. 3. In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge. He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge. He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws. The applicant confirmed he had no desire to perform further military service and indicated he would submit a statement in his own behalf (NIF). 4. On 28 February 2000, the separation authority approved the applicant's request for discharge and directed that he be issued an under other than honorable conditions discharge certificate. 5. On 10 March 2000, the applicant was discharged accordingly. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 3 years 1 month and 14 days of creditable active military service. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: An Article 15 (FG), dated 10 January 2000, for wrongfully using marijuana, a controlled substance on 29 November 1999. The punishment consisted of a reduction to E-1; forfeiture of $479.00 for two months (1 month suspended), extra duty for 45 days; and 45 days of restriction (suspended). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a copy of his DD Form 214. POST-SERVICE ACTIVITY: None were provided with the 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’s request for an upgrade of his discharge was carefully considered. However, after examining the applicant’s record of service, the issue and document 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 offenses 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 applicant’s issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 4. Therefore, the reason for the discharge 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: 27 September 2013 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) AR20130006606 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1