IN THE CASE OF: Mr. BOARD DATE: 17 December 2014 CASE NUMBER: AR20140002537 ___________________________________________________________________________ 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 an upgrade of his under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, he is making this request in order to obtain better employment opportunities. He states he joined the military to make it a career and do great things for the country. He contends he was immature and let his temper decide his future. He regrets his poor judgment and wishes he could do it over again. He did not present any issues of propriety or equity in his application. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 February 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 31 March 2004 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: A Company. 27th Main Support Battalion, Fort Hood, TX f. Current Enlistment Date/Term: 10 January 2002/4 years g. Current Enlistment Service: 2 years, 2 months, 22 days h. Total Service: 5 years, 7 month, 5 days i. Time Lost: 52 days j. Previous Discharges: DEP, 980827-981228, NA RA, 981229-020109, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92L10, Petroleum Laboratory Specialist m. GT Score: 89 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: GWOTSM, AGCM, NDSM, ASR, OSR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 29 December 1998, for a period of 4 years and reenlisted on 10 January 2002, for a period of 4 years. He was 24 years old at the time of reenlistment and a high school graduate. He served in Germany and did not earn any significant awards of valor and achievement. He completed 5 years, 7 month, 5 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Hood, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 11 February 2004, the applicant was charged with the following offenses: a. being AWOL from 29 September 2003 until 30 September 2003, 7 October 2003 until 12 November 2003, and 21 November 2003 until 8 December 2003, and 29 September 2003 until 30 September 2003. b. failing to go at the time prescribed to his appointed place of duty on three occasions (2 October 2003, 11 December 2003, and 17 December 2003). c. missing movement on 22 October 2003, and d. disobeying a lawful order from an NCO on 20 November 2003. 2. On 27 February 2004, 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 own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. 3. On 18 March 2004, the separation authority conditionally approved the Chapter 10 request contingent upon the applicant refraining from further misconduct during the remainder of his service in the Army 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 31 March 2004, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service indicates 52 days of time lost for being AWOL from 7 October 2003 through 11 November 2003 and from 21 November 2003 until 7 December 2003. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 458 (Charge Sheet), dated 11 February 2004, reflects the applicant was charged with being AWOL x 3 (031007, 031121, and 030929), failing to go at the time prescribed to his appointed place of duty x 3 (031002, 031211, and 031217), missing movement (031022), and disobeying a lawful order from an NCO (031120). 2. DA Forms 4187 (Personnel Action), changed the applicant’s duty status from present for duty (PDY) to AWOL on 14 October 2003 and 21 November 2003, and from AWOL to PDY on 12 November 2003 and 9 December 2003. 3. Several negative counseling statements, dated between 30 September 2003 and 17 December 2003, for being AWOL, missing movement, disobeying an order from an NCO, being late for formation, and failing to report for duty. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 29 January 2014, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. 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. 2. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization was carefully considered. However, after examining the applicant’s record of service 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. 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 and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 5. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 6. Therefore, the reason 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: 17 December 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) AR20140002537 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1