IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140009086 ___________________________________________________________________________ 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 under other than honorable conditions discharge to honorable, general, under honorable conditions, or uncharacterized and a change to the narrative reason for separation. 2. The applicant states, in effect, he was confined because of another Soldier’s false statements. He states, his discharge hindered his military career, benefits, well being and character and is very detrimental to his life and career. He contends he is not able to file claims with the Department of Veteran Affairs. The applicant did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 19 April 2013 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: F Company, 2nd Battalion, 327th Infantry Regiment (Rear)(Provisional), Fort Campbell, KY f. Current Enlistment Date/Term: 8 June 2011/3 years, 16 weeks g. Current Enlistment Service: 1 year, 6 months, 13 days h. Total Service: 1 year, 6 months, 13 days i. Time Lost: 118 days j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 85 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 June 2011, for a period of 3 years and 16 weeks. He was 22 years old at the time of entry and a high school graduate. His record is void of any significant awards of valor and achievement. He completed 1 year, 6 months, and 13 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Campbell, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, an undated memorandum from the Staff Judge Advocate, indicates the applicant was charged with failure to report, willfully disobeying a superior commissioned officer, failure to obey a regulation, wrongful use of a controlled substance, assault, soliciting another to commit an offense, and communicating a threat. 2. The memorandum further states the applicant submitted a request for discharge in lieu of trial by court-martial and his chain of command recommended the request be approved with an other than honorable conditions discharge. 3. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates that on 19 April 2013, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Further, the DD Form 214 shows a Separation Code of KFS, with a reentry eligibility (RE) code of 4. 4. On 10 April 2010, the separation authority approved the applicant’s Chapter 10 request and directed his discharge with an under other than honorable conditions discharge and that the applicant be reduced to the lowest enlisted pay grade. 5. The applicant’s available record shows 118 days of time lost due to AWOL and confinement. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 107-0643, dated 17 April 2013. 2. Staff Judge Advocate memorandum, undated. 3. Nine DA Forms 4187 (Personnel Action), dated between 17 April 2012 and 11 April 2013, reflects the applicant’s duty status changes. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 7 May 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. 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. 2. 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. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization and a change to the narrative reason was carefully considered. However, after examining the applicant’s record of service, 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 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. His 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 and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant also requests a change to the narrative reason for separation. However, 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. The regulation further stipulates that no deviation is authorized. 5. The applicant contends he is unable to submit claims to the Department of Veterans Affairs and his discharge hinders his career and benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 6. 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: 27 May 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) AR20140009086 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1