IN THE CASE OF: BOARD DATE: 29 October 2014 CASE NUMBER: AR20140000072 ___________________________________________________________________________ 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 her under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, she found out she was pregnant and her parents disowned her due to an interracial relationship. Her baby’s father became physically and emotionally abusive. He stole all of her money and left her physically and emotionally drained and she made a stupid mistake by going AWOL and was so confused she just wanted to be with her family. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 19 December 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 December 2012 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: 47th Field Hospital, Fort Sill, OK f. Enlistment Date/Term: 20 September 1996, NIF g. Current Enlistment Service: 6 months, 1 day h. Total Service: 3 years, 6 months, 13 days i. Time Lost: 5,747 days j. Previous Discharges: USAR 921230-930808/NA RA 930908-960919/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91B10, Wheeled Vehicle Mechanic m. GT Score: 105 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR 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 was in the Delayed Entry Program (DEP) on 30 December 1992, and came on active duty in the Regular Army on 20 September 1996, for a period of 4 years and reenlisted on 20 September 1996. She was 21 years old at the time and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 91B10, Wheeled Vehicle Mechanic Specialist. Her record documents no acts of valor or significant achievement. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s disciplinary history includes accrual of 5,748 of time lost for being AWOL from 20 September 1996 until her apprehension by the civilian authorities on 19 June 2012. 2. On 25 June 2012, court-martial charges were preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offense outlined in the preceding paragraph. 3. On 25 June 2012, 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 her. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge in lieu of trial by court-martial. 4. In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charges against her or of a lesser-included offense that also authorized the imposition of a bad conduct discharge. She also confirmed her understanding that if her request for discharge was approved, she could receive an under other than honorable conditions discharge. She further stated she understood that receipt of an under other than honorable conditions discharge could result in her being deprived of many or all Army benefits, her possible ineligibility for many or all benefits administered by the Veterans Administration, and she could be deprived of her rights and benefits as a veteran under State and Federal laws. The applicant confirmed she had no desire to perform further military service and did not submit a statement on her own behalf. 5. On 1 November 2012, the unit commander recommended approval of the applicant’s request with issuance of an under other than honorable conditions discharge. 6. The separation authority approved the applicant's request for discharge and directed that she be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge. 7. On 21 December 2012, the applicant was discharged accordingly under the provisions of AR 635-200, Chapter 10, In lieu of Trial by Court-Martial. The DD Form 214 (Report of Separation from Active Duty) she was issued shows she completed 3 years, 6 month, and 13 days of creditable active military service and accrued 5,748 days of time lost due to being AWOL. The applicant was placed on excess leave for 179 days from (120626-121221). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: DA Form 458 Charge Sheet, dated 25 June 2012, and DD Form 616 Report of Return of Absentee dated 16 June 2012, which shows the applicant was apprehended by the civilian authorities and return to military control. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant did not provide any with her application. POST-SERVICE ACTIVITY: The applicant did not provide any with her 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 her discharge characterization was carefully considered. However, after examining the applicant’s record of service and the issues 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 an offense punishable under the UCMJ with a punitive discharge. It also shows that after consulting with defense counsel, the applicant voluntarily requested 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her 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 at the time of discharge and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant contends she found out she was pregnant and her parents disowned her due to an interracial relationship. Her baby’s father became physically and emotionally abusive. He stole all of her money and left her physically and emotionally drained and she made a stupid mistake by going AWOL and was so confused she just wanted to be with her family. 5. The applicant contends she is entitled to an upgrade of her discharge because of mitigating circumstances which contributed to her misconduct. Specifically, she claims marital issues at home resulted in her discharge. While the applicant may believe her marital issues at home was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her issues through her 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, she has provided no evidence that she should not be held responsible for her misconduct. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears these issues did not overcome the reason for discharge and characterization of service granted. Her record was marred by 5,748 days of lost time for being AWOL for which court-martial charges were preferred against her. 6. Therefore, the reason for discharge and the 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: 29 October 2014 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) AR20140000072 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1