IN THE CASE OF: BOARD DATE: 254 July 2013 CASE NUMBER: AR20130009596 ___________________________________________________________________________ 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 to be 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, that he needs an upgrade in order to receive Veterans benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 20 May 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 23 January 2007 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: HHC, 1st Sustainment Cmd, Fort Bragg, NC f. Enlistment Date/Term: 12 February 2004, 3 years g. Current Enlistment Service: 2 years, 11 months, 12 days h. Total Service: 2 years, 11 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92G10, Food Service Operations Specialist m. GT Score: NIF n. Education: HS Equivalency o. Overseas Service: SWA p. Combat Service: Iraq (050501-060417) q. Decorations/Awards: GWOTEM, GWOTSM, ASR, OSR, MUC r. Administrative Separation Board: NA s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the US Army on 12 February 2004, for a period of 3 years. He was 19 years old at the time and had a high school equivalency. His record indicates he served a total of 2 years, 11 months and 12 days of active service. This included a combat tour in Iraq. The record documents no acts of valor or significant achievement. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on 7 December 2006, the applicant was charged with the following offenses: a. Four specifications of failure to report (between 061106 and 061206) b. With intent to deceive made a false statement (061109) c. Broke restriction (061104) 2. On 11 December 2006, 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 he understood 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 did not submit a statement on his behalf. The unit commander recommended approval of the discharge with a characterization of under other than honorable conditions. The senior intermediate commanders reviewed the Chapter 10 request and recommended approval with an under other than honorable conditions characterization of service. 3. On 11 January 2007, 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 23 January 2007, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service does not show any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Field Grade Article 15 issued on 6 October 2006, for failure to report on 2 occasions (060819, 061020). The punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $200 per month for 2 months (suspended), 45 days of extra duty and restriction. The suspended sentence of forfeiture was vacated on 3 November 2006 for a new offense of failure to report (061019). 2. Five negative counseling statements, dated between 20 October 2006 and 6 December 2006, for multiple offenses of failing to report and lying to an NCO. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided no supporting documents with his application. POST-SERVICE ACTIVITY: None 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 and the issue 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 a discharge from the Army 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 discharge characterization of under other than honorable conditions the applicant received was normal and appropriate under the regulatory guidance. His 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. 4. The applicant requests an upgrade of his discharge in order to receive veterans’ benefits. However, eligibility for veteran's benefits to include educational benefits under the GI Bill, does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 5. 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: 24 July 2013 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) AR20130009596 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1