IN THE CASE OF: Ms. BOARD DATE: 25 March 2015 CASE NUMBER: AR20140006738 ___________________________________________________________________________ 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 discharge characterization from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, she was waiting to be discharged; her father fell severely ill, she used immature judgment and went AWOL before the discharge process was completed. She desires to reenlist with her Bachelor of Science degree and complete her service in a mature manner. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 31 August 2005 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: B Co, 2-28th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 1 June 2004, 3 years and 19 weeks g. Current Enlistment Service: 2 months, 23 days/block 12c on the DD Form 214 net active service this period, is incorrect and should read 2 months, 23 days h. Total Service: 1 year, 11 months, 16 days i. Time Lost: 374 days j. Previous Discharges: USAR (000118-011010)/UNC k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 18 January 2000, for a period of 8 years. She was 17 years old at the time of entry and had not completed high school. She was ordered to initial active duty training (IADT) on 7 June 2000. She was discharged on 10 October 2001 with an uncharacterized discharge. The applicant enlisted in the Regular Army on 1 June 2004, for a period of 3 years and 19 weeks. She was 21 years old at the time of entry and a HS Graduate. She was in initial entry training at Fort Jackson, SC when she went AWOL. She was returned to duty at Fort Knox, KY, where her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 15 August 2005, the applicant was charged with being AWOL (040731-050809). 2. On 15 August 2005, 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 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 recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 3. On 18 August 2005, 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 31 August 2005, with a characterization of service of under other than honorable conditions under the provisions of Chapter 10, AR 635-200, by reason of in lieu of trial by court-martial, a Separation Program Designator code (SPD) of KFS and an RE code of 4. 5. The applicant’s record of service does not contain any negative counseling statements or actions under the Uniform Code of Military Justice (UCMJ). 6. The applicant’s record of service indicates 374 days of time lost for being AWOL from 31 July 2004 until 8 August 2005; she was apprehended by civilian authorities on 9 August 2005. Also, she had 15 days of excess leave from 17 August 2005 until 31 August 2005. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record contains three DA Forms 4187 (Personnel Action), dated between 31 July 2005 and 30 August 2005, showing the applicant’s present for duty, AWOL and dropped from rolls dates. 2. DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 31 August 2004, indicating the applicant was wanted as a deserter. 3. DD Form 616 (Report of Return of Absentee) dated 9 August 2005, indicating the applicant was apprehended by civilian authorities. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a DD Form 214, report of medical examination (three pages), two support statements, self-authored statement (three pages), a charity post card, letter from the State of North Carolina, Bachelor of Science Diploma, Associate Arts Diplomas. POST-SERVICE ACTIVITY: The applicant submitted documents showing she earned two associate degrees and a bachelor’s degree. 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. 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. 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. Army Regulation 635-200, 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of her characterization of service 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 uncharacterized discharge by the separation authority and it does not support an upgrade to uncharacterized at this late date. 4. The applicant contends she was waiting to be discharged; her father fell severely ill, she used immature judgment and went AWOL before the discharge process was completed. She 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 desires to reenlist with her BS degree and complete her service in a mature manner. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends 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) AR20140006738 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1