IN THE CASE OF: Mr. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140008400 ___________________________________________________________________________ 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 an honorable discharge. 2. The applicant states, in effect, he went AWOL to spend time with his father who was diagnosed with cancer, and was given less than a year to live. His decision to go AWOL was immature and one of the worst decisions he ever made. Since being discharged, he’s obtained his high school diploma. He would like to better himself within the law enforcement field, however; it requires an honorable discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 25 July 2000 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, 1-87th Infantry Battalion, Fort Drum, NY f. Current Enlistment Date/Term: 7 February 1996, 3 years/retained in service for 49 days for the convenience of the government per AR 635-200 g. Current Enlistment Service: 3 years, 1 month, 21 days h. Total Service: 3 years, 1 month, 21 days/block 12c on the applicant’s DD Form 214 net active service this period, is incorrect and should read as annotated above i. Time Lost: 486 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: NIF n. Education: 12 years o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 February 1996, for a period of 3 years. He was 20 years old at the time of entry, and had not completed high school. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. His record does not contain any evidence of acts of valor or meritorious achievements. He was serving at Fort Drum, New York, when he went AWOL. He was returned to duty at Fort Knox, Kentucky, where his discharge process was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 17 November 1998, the applicant was charged with being AWOL (970717-981114). 2. On 17 November 1998, 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 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 his own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 3. On 3 March 2000, 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’s record does not contain any evidence of any actions under the Uniform Code of Military Justice (UCMJ), or any negative counseling statements. 5. The applicant was discharged from the Army on 25 July 2000, 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 a RE code of 4. 6. The applicant’s record of service indicates 486 days of time lost for being AWOL from 17 July 1997 until 14 November 1998; he surrendered to military authorities. Also, the applicant had 616 days of excess leave from 18 November 1998 through 25 July 2000. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The record contains a DA Form 4187 (Personnel Action), dated 17 November 1998, showing the applicant’s attached for duty date. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages). POST-SERVICE ACTIVITY: The applicant stated on his application for the past fourteen years he served as a peace officer; and he is the Chief of Police in Marengo, Indiana. 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 his characterization of service 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. 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 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. His record documents no acts of significant achievement or valor and did not support the issuance of a general, under honorable conditions or and honorable discharge by the separation authority and it does not support an upgrade to a general, under honorable conditions or and honorable discharge at this late date. 4. The applicant contends he went AWOL to spend time with his father who was diagnosed with cancer and was given less than a year to live. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The applicant further contends his decision to go AWOL was immature and one of the worst decisions he ever made. 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. 6. The applicant also contends since being discharged he’s obtained his high school diploma. The applicant is to be commended for his effort; however, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 7. The applicant additionally contends he would like to better himself within the law enforcement field; however, it requires an honorable discharge. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 8. Furthermore, 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, these accomplishments did not overcome the reason for discharge and characterization of service granted. 9. The records show the proper discharge and separation authority procedures were followed in this case. 10. 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: 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) AR20140008400 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1