IN THE CASE OF: BOARD DATE: 15 May 2015 CASE NUMBER: AR20140009653 ___________________________________________________________________________ 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, she has grown from her mistake. She would like to become a corrections officer, and she has worked hard to achieve it. She would give anything to go back into the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 30 August 2006 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, Chapter 10 KFS, RE-4 e. Unit of assignment: C Co, 262nd Quartermaster Battalion, Fort Lee, VA f. Current Enlistment Date/Term: 20 October 2005, 3 years g. Current Enlistment Service: 8 months, 1 day h. Total Service: 8 months, 1 day i. Time Lost: 72 days j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 87 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 Regular Army on 20 October 2005, for a period of 3 years. She was 19 years old at the time of entry and a high school graduate. Her record does not contain any evidence of acts of valor or meritorious achievements. She was in initial entry training at Fort Lee, VA when she went AWOL. She surrendered to military authorities at Mac Dill Air Force Base and was transferred to Fort Knox, KY where her discharge action was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 31 July 2006, the applicant was charged with being AWOL (060515-060725). 2. On 31 July 2006, 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 17 August 2006, 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. The applicant was reduced to the lowest enlisted rank. 4. The applicant was discharged from the Army on 30 August 2006, with a characterization of service of under other than honorable conditions discharge. 5. The applicant's record of service indicates she had 72 days of time lost for being AWOL from 15 May 2006 until 24 July 2006; she surrendered to the military authorities. Also, the applicant had 30 days of excess leave from 1 August 2006 until 30 August 2006. 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 16 May 2006 and 28 July 2006, showing the applicant’s AWOL, dropped from the rolls and attached/present for duty dates. 2. A DD Forms 553 (Deserter/Absentee Wanted by the Armed Forces), dated 14 June 2006, indicating the applicant was wanted as a deserter. 3. A DD Form 616 (Report of Return of Absentee) dated 26 July 2006, shows the applicant surrendered to military authorities. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages), correction officer’s training evaluation, Columbia Southern University transcripts (nine pages), and a license application activity inquiry. POST-SERVICE ACTIVITY: The applicant stated in her application she has almost completed her bachelor’s degree; and she passed the state corrections officer’s test for Pennsylvania. 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 a SPD Code of "KFS" will be assigned a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of her characterization of service 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 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 requests a change to the narrative reason for her 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. The applicant contends she has grown from her mistake. 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 further contends she would like to become a corrections officer, and she has worked hard to achieve it. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant also contends she would give anything to go back into the military. 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. 8. Additionally, the applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention her medical diagnosis was incorrect. 9. 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 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 1 No Change: 4 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) AR20140009653 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1