IN THE CASE OF: Ms. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140005386 ___________________________________________________________________________ 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 to general, under honorable conditions, a change to the narrative reason for separation and reentry code. 2. The applicant states, in effect, she was told by her CSM to go home because she was being discharged. She states, she did not question him, followed his orders and went home. She states, she was 21 years old at the time and resumed a normal life. She states, it was not until December 2011 when she was arrested during a traffic stop. She was charged with being AWOL and discharged under Chapter 10. She contends she had no intentions of not fulfilling her obligation but it was the command’s decision to send her home. She desires to be in the military and regrets any behavior or lack of knowledge that contributed to her discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 2 February 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: A Battery, 3d BN 6th AD, Fort Bliss, TX f. Current Enlistment Date/Term: 21 March 2006/5 years, 32 weeks g. Current Enlistment Service: 5 months, 14 days h. Total Service: 5 months, 14 days i. Time Lost: 1, 968 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 21 March 2006, for a period of 5 years and 32 weeks. She was 21 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 5 months and 14 days of active duty service. When her discharge proceedings were initiated, she was serving in Fort Bliss, TX. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains two DD Forms 458 (Charge Sheet), dated 5 August 2011 and 19 December 2011. On 5 August 2011, the applicant was charged with being AWOL from 26 March 2011 and on 5 August 2011 and remaining absent from her unit. On 19 December 2011, the applicant was charged again with being AWOL from 26 March 2011 until 13 December 2011. 2. On 19 December 2011, 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. 3. On 18 January 2012, 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 2 February 2012, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service indicates 1,968 days of time lost for being AWOL for the periods of 060622-060717, 060812-110325 and 110326-111212. The applicant was apprehended by civilian authorities and returned to military control on 13 December 2011. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 458 (Charge Sheet), dated 19 December 2011, reflects the applicant was charged with being AWOL from 26 March 2011 until 13 December 2011. 2. DA Form 458, dated 5 August 2011, reflects the applicant was charged with being AWOL on 26 March 2011 and on 5 August 2011 and remaining so absent from her unit. 3. Three DA Forms 4187 (Personnel Action), dated 15 July 2011, 5 August 2011, and 16 December 2011, reflects the applicant’s change in duty status. 4. A memorandum for record, dated 21 December 2011, reflects documents missing from the applicant’s official record to reflect duty status changes on 22 June 2006, 17 July 2006, 12 August 2006, and 11 September 2006. 5. Report of Return of Absentee, dated 13 December 2011, reflects the applicant was apprehended by civilian authorities and returned to military control. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 20 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her 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. 3. 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. 4. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of her characterization and a change to the narrative reason for separation and reentry code was carefully considered. However, after examining the applicant’s record of service, 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 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 also requests a change in the narrative reason for separation and change to her reentry code. However, 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. Further, 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. 6. The applicant contends she was told to go home by her CSM, therefore she did not question him instead she followed his orders and went home. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. Further, the applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 7. 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: 4 March 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) AR20140005386 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1