IN THE CASE OF: Ms. BOARD DATE: 27 February 2015 CASE NUMBER: AR20140002131 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the AWOL (i.e., exceptional family issues impaired ability to serve). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to PFC/E-3. 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 discharge from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, that she was unfairly discharged and therefore her characterization of service should be upgraded. She contends she deeply regrets going AWOL regardless of the reason. She believes the decision to discharge her was unfairly determined because of the family hardship she was experiencing (i.e., her father's death and mother medical issues) and she had no one to care for her younger brother and sister. She now believes her discharge was inequitable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 January 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 14 August 2001 d. Reason/Authority/SPD/RE: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-4 e. Unit of assignment: A Co, 57th Sig Bn, 3rd Bde, Fort Hood, TX f. Current Enlistment Date/Term: 23 July 1998, 4 years g. Current Enlistment Service: 2 years, 9 months, 3 days h. Total Service: 2 years, 9 months, 3 days i. Time Lost: 109 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 31F10, Network Switching Systems Operator m. GT Score: 118 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 23 July 1998, for a period of 4 years. She was 18 years old at the time and a high school graduate. Her record documents no acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 12 May 2000, the applicant was charged with going AWOL (000119-000507). 2. On 12 May 2000, 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 she understood she 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 her own behalf. The unit commander recommended approval of an UOTHC discharge. 3. On 16 July 2001, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC. The applicant was reduced to the lowest enlisted rank. 4. The applicant was discharged from the Army on 14 August 2001, with a characterization of service of UOTHC under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and an RE code of 4. 5. The applicant’s record of service shows he had 109 days of time lost for going AWOL from 19 January 2000 until his return on 6 May 2000. The DD Form 214 under review also shows the applicant was placed on 459 days of excess leave (000513-010814). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two DA Forms 4187 (Personnel Action), dated 19 January 2000 and 18 February 2000, changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL) and AWOL to dropped from the rolls (DFR). 2. A report of return of absentee (DD Form 616) dated 7 May 2000, indicating the applicant surrendered 7 May 2000 after going AWOL 19 January 2000. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement, obituary of father's death, letter from her mother's doctor, mother's psychiatry record, copy of her certificate for award of her Bachelor of Arts Degree, letters of recommendation, copy of insurance license, and a copy of her DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: The applicant states, in effect that since her discharge she has graduated from college with a Bachelors Degree in Sociology and now she's a full time licensed insurance agent. 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 characterization based on her discharge being inequitable was carefully considered. However, after examining the applicant’s record of service, the issues 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 an offense 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 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 and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant contends her discharge was inequitable as a result of family issues and that her family hardship was not considered at the time of discharge. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her family hardship was not considered at the time of discharge. Further, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The applicant contends that since leaving the Army she has graduated from college with a Bachelors Degree in Sociology and now she's a full time licensed insurance agent. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. The applicant is to be commended for her post service accomplishments. However, in review of the applicant’s entire service record and the reasons for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted. 6. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. 7. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with her overall service record. 8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the AWOL (i.e., exceptional family issues impaired ability to serve). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to PFC/E-3. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: General, Under Honorable Conditions Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: PFC/E-3 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) AR20140002131 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1