IN THE CASE OF: Ms. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140004876 ___________________________________________________________________________ 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 her under other than honorable conditions discharge characterization to honorable. 2. The applicant states, in effect, the decision to be discharged was made out of hostility and ignorance and feels she was victimized. She states, her discharge hinders her totally and is very depressing towards her medical and mental issues. She contends, she cannot apply for any jobs or receive medical treatment for injuries incurred while she was on active duty. She states, she suffers from depression and Post Traumatic Stress Disorder (PTSD), has a lot of suicidal thoughts, and at the time she needed help to prevent what occurred. She contends she is at risk of being homeless and is asking for a second chance in life to pursue a career in the medical field and go to school to work towards achieving something in life. The applicant desires to rejoin the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 16 May 2013 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: HHT, Regimental Support Squadron, 3rd Cavalry Regiment, Fort Hood, TX f. Current Enlistment Date/Term: 10 September 2008/3 years, 21 weeks g. Current Enlistment Service: 2 years, 7 months, 10 days h. Total Service: 2 years, 7 months, 10 days i. Time Lost: 757 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: SWA, Korea p. Combat Service: Iraq (100825-101126) q. Decorations/Awards: ICM-2CS, AGCM, NDSM, KSM, GWOTSM KDSM, ASR, OSR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 10 September 2008, for a period of 3 years and 21 weeks. She was 21 years old at the time of entry and a high school graduate. She served in Iraq and Korea. Her record is void of any significant acts of valor and achievement. She completed 2 years, 7 months, 10 days of active duty service. When her discharge proceedings were initiated, she was serving in Fort Hood, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458 (Charge Sheet) which indicates on 27 December 2010, the applicant was charged with being AWOL, on or about 26 November 2010 and on 26 December 2010, and remaining so absent in desertion. 2. On 21 March 2013, 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 submit statements on her own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. 3. On 29 April 2013, 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 16 May 2013, with a characterization of service of under other than honorable conditions, a SPD code of KFS and a reentry code of 4. 5. The applicant’s record of service indicates 757 days of time lost for being AWOL from 26 November 2010, until her apprehension on 21 December 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 129-0210, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas, dated 9 May 2013, and discharged the applicant from the military, effective 16 May 2013. 2. DA Form 458 (Charge Sheet), dated 27 December 2010, reflects the applicant was charged with being AWOL from her unit on 26 November 2010, and on or about 26 December 2010, without authority and with intent to remain away there from permanently, absent herself from her unit, and remained so in desertion. 3. DA Forms 4187 (Personnel Action), dated between 3 December 2010 and 2 January 2013, changed the applicant’s duty status from R&R to AWOL, from AWOL to DFR, from DFR to RMC, from RMC to PDY. 4. DA Form 458, dated 13 March 2013, reflects the applicant was charged with being AWOL from 26 December 2010 until 21 December 2012. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 12 March 2014, two DD Forms 214, Orders Number HO-237-0106, dated 25 August 2010, Orders Number 364-5009, dated 20 December 2009, DD Form 616 (Report of Return of Absentee), dated 21 December 2012, an Enlisted Record Brief, dated 13 May 2013, a request for discharge in lieu of trial by court-martial, dated 21 March 2013, and its allied documents, eight letters of support, and a DD Form 458, dated 13 March 2013. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "KFS" will be assigned a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of her characterization and a change to the reentry code was carefully considered. However, after examining the applicant’s record of service, the issues and documents 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 she made her decision to be discharged out of hostility and ignorance. However, the applicant 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. 5. The applicant contends she cannot apply for any jobs or receive medical treatment for injuries incurred while on active duty. However, the Board does not grant relief for the purpose of gaining employment, enhancing employment opportunities or gaining eligibility for veteran benefits. 6. The applicant further contends she suffers from depression and PTSD. However, the record does not contain any medical evidence of a PTSD diagnosis or indicate a medical problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 7. The applicant states she is currently at risk of being homeless. Eligibility for housing supportive program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. 8. The applicant requests a change to the characterization of her service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 9. 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: 22 April 2015 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) AR20140004876 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1