IN THE CASE OF: Ms. BOARD DATE: 25 March 2015 CASE NUMBER: AR20140006364 ___________________________________________________________________________ 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 to upgrade the characterization of her service from under other than honorable to general, under honorable conditions and to change the narrative reason for her discharge. 2. The applicant states, in pertinent part and in effect, at the time of her discharge, she was unstable, immature, and irresponsible. She enlisted to hide from a disaster at home. Since her discharge, she has graduated from college twice, and currently waiting to become a licensed nurse. Her discharge is negatively affecting her employment opportunities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 3 May 2006 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial/ AR 635-200, Ch 10, KFS, RE-4 e. Unit of assignment: Co E, 1st Bn, 48th Infantry, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 22 November 2005, 4 years g. Current Enlistment Service: 0 years, 3 months, 24 days h. Total Service: 0 years, 3 months, 24 days i. Time Lost: 50 days j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 113 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 22 November 2005, for a period of 4 years. She was 23 years old at the time of entry and a high school graduate. Her record documents no acts of valor or significant achievement. She completed 3 months and 24 days of creditable federal service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s disciplinary history includes accrual of 50 days of time lost for being AWOL from 16 February 2006, until she surrendered to military authorities on 5 April 2006. 2. On 6 April 2006, a court-martial charge was 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. On 6 April 2006, 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 for the good of the service in lieu of trial by court-martial. 3. In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charge 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 (UOTHC) 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 in her own behalf. 4. On 24 April 2006, the separation authority approved the applicant's request for discharge and directed reducing her to the lowest enlisted grade and issued a UOTHC Discharge Certificate. 5. On 3 May 2006, the applicant was discharged accordingly. The DD Form 214 (Report of Separation from Active Duty) she was issued shows she completed 3 months and 24 days of creditable active military service and accrued 50 days of time lost due to being AWOL. The record also shows 27 days of excess leave, from 7 April 2006 through 3 May 2006. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Charge Sheet described at the preceding paragraphs 1 and 2. 2. Report of Return of Absentee, dated 4 April 2006, indicates the applicant surrendered to military authorities on 4 April 2006. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant states, in effect, since her discharge, she has graduated twice from college. 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 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 the characterization of her discharge and to change the narrative reason for her discharge 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 or to change the narrative reason for her 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 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 was unstable, immature, and irresponsible when she enlisted. However, 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 her current discharge negatively affects her for employment opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 6. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 7. The applicant was separated under the provisions of Chapter 10, AR 635-200 with an under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 8. 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: 25 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) AR20140006364 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1