IN THE CASE OF: Ms. BOARD DATE: 1 May 2015 CASE NUMBER: AR20140008606 ___________________________________________________________________________ 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 from under other than honorable conditions to uncharacterized or general, under honorable conditions and a change to the narrative reason for separation. 2. The applicant states through counsel, in effect, she was eighteen years old at the time she went AWOL. She went AWOL because she missed her family and did not have the maturity or strength to be away from them. The harm of her current discharge will haunt her into perpetuity, foreclosing certain career opportunities for the rest of her life. Since her discharge, she started a family, attended college, and began a career in the medical field. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 November 2007 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, Chapter 10, KFS, RE-4 e. Unit of assignment: C Co, 1-13th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 21 August 2006/IADT, 17 weeks g. Current Enlistment Service: 3 months, 17 days h. Total Service: 9 months, 1 day i. Time Lost: 349 days j. Previous Discharges: USAR (060307-060820)/NA (Concurrent Service) k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: GED Certificate 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 7 March 2006, the period of service was not in the file. She was 18 years old at the time with a GED Certificate. She was ordered to IADT on 21 August 2006, for a period of 17 weeks. 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 4 October 2007, the applicant was charged with being AWOL (061017-071001). 2. On 4 October 2007, 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. The unit commander recommended approval of an under other than honorable conditions discharge. 3. On 1 November 2007, 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 discharge. 4. The applicant was discharged from the Army on 21 November 2007, with a characterization of service of under other than honorable conditions discharge. 5. The applicant's record of service indicates she had 348 days of time lost for being AWOL from 17 October 2006 until 30 September 2007; she was apprehended on 25 August 2007 and was nine months pregnant at the time. She was released from custody until she delivered her baby and was told to turn herself in on 24 September 2007. Also, the applicant had 48 days of excess leave from 5 October 2007 until 21 November 2007. 6. The applicant’s service record did not contain any evidence of any actions under the Uniform Code of Military Justice (UCMJ) or negative counseling statements. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record contains three DA Forms 4187 (Personnel Action), dated between 17 October 2006 and 3 October 2007, showing the applicant’s present for duty, AWOL and dropped from rolls dates. 2. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 16 November 2006, indicating the applicant was wanted as a deserter. 3. Two DD Forms 616 (Report of Return of Absentee) dated 25 August 2007 and 1 October 2007, indicating the applicant was apprehended and surrendered to military authorities on the aforementioned dates respectively. 4. DD Form 458 (Charge Sheet), dated 16 November 2006 indicating the applicant was charged with desertion. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, attorney’s brief (nine pages), with the following exhibits A through N, consisting of the following documents, active duty orders 6233019, two DA Forms 4187, assignment orders 06-338-00018, letter on instruction, DD Form 293 (Record of Emergency Data), two DD Forms 616 Report of Return of Absentee, two DD Forms 458 (Charge Sheet), discharge documents four certificates of completion, and two DD Forms 214. POST-SERVICE ACTIVITY: The applicant stated in her application she received a diploma for successful completion of a Medical Assistant Program; she completed a Personal Care Aide Certification; she obtained a Home Health Aide Certification and also completed the requirements to become a Certified Clinical Medical Assistant. 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 her characterization of discharge and a change to the narrative reason for separation 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 or a change to the narrative reason for separation. 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 or a general discharge by the separation authority and it does not support an upgrade to an uncharacterized or a general discharge at this late date. 4. The applicant requested a change to the narrative reason for separation. 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, for in lieu of trial by court-martial. The regulation further stipulates that no deviation is authorized. 5. A general, under honorable conditions discharge is not authorized under ELS conditions. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The Regulation also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. AWOL is considered as serious misconduct. 6. The applicant contends she was eighteen years old at the time she went AWOL. 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. 7. The applicant further contends she went AWOL because she missed her family and did not have the maturity or strength to be away from them. She had many legitimate avenues through which to obtain assistance or relief, 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. 8. The applicant also contends the harm of her current discharge will haunt her into perpetuity, foreclosing certain career opportunities for the rest of her life. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 9. The applicant additionally contends since her discharge, she started a family, attended college, and began a career in the medical field. The applicant is to be commended for her efforts; 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. 10. Therefore, the reason and 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: 1 May 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: Yes [redacted] 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) AR20140008606 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1