IN THE CASE OF: Mr. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140007506 ___________________________________________________________________________ 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 discharge characterization from under other than honorable conditions to honorable. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of pursuing a career in personal security and law enforcement. He contends it has been two years since his discharge and he has pressed on to live and works well with his fellow citizens. His discharge was the result of an accident during his deployment and he has paid dearly for. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 28 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 22 March 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: HHC 1st Bn, 87th IN Rgt Bn, 1st BCT, Fort Drum, NY f. Current Enlistment Date/Term: 11 March 2009, 3 years and 16 weeks g. Current Enlistment Service: 3 years, 12 days h. Total Service: 3 years, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (100402-110402) q. Decorations/Awards: ARCOM-w/V Device, ARCOM, ACM-w/CS, NDSM, GWOTSM, ASR, OSR, NATO MDL, CIB r. Administrative Separation Board: NA s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 11 March 2009, for a period of 3 years and 16 weeks. He was 21 years old at the time of enlistment and a high school graduate. He was serving at Fort Drum, NY when his discharge was initiated. His record indicates he served a period of combat in Afghanistan; achieved the rank of SPC/E-4; and earned several awards to include the ARCOM-w/V Device, ARCOM, and the CIB. He completed 3 years and 12 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet, which indicates on 6 October 2011, the applicant was charged with unlawfully killing Specialist (E-4) A.W. by negligently shooting him in the neck with an M9 pistol and negligently discharging an M9 pistol in Tent Number 1; such conduct being prejudicial to good order and discipline in the armed forces. 2. On 8 February 2012, the applicant offered to plead guilty to the charges and as a part of the offer agreed to enter into a stipulation of fact correctly describing the offenses to which he was pleading guilty to; agreed to be tried by judge alone; and agreed to waive the physical presence of witness from farther than 100 miles from Fort Drum, NY with exception of D.W. 3. On 14 February 2012, 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 UOTHC discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant submitted statements on his own behalf. The applicant's chain of command recommended approval of an UOTHC discharge. 4. On 8 March 2012, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 5. The applicant was discharged from the Army on 22 March 2012, with a characterization of service of under other than honorable conditions under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and an RE code of 4. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: An Article 32 Investigation dated 8 September 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, several letters of support/recommendation, performance/professional/event counseling statements, and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge 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. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, his record 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 expressed his desire for an upgrade of his discharge for the purpose of pursuing a career in personal security and law enforcement. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 5. 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: 15 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140007506 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1