IN THE CASE OF: BOARD DATE: 3 June 2015 CASE NUMBER: AR20140011005 ___________________________________________________________________________ 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. 2. The applicant states, in effect, he was discharged during his second enlistment; however, he served his first enlistment honorably. The applicant contends, he would like for his characterization of service to reflect his first enlistment. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 19 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 16 November 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: 55th Military Police Company, 94th Military Police Battalion, 501st Sustainment Brigade, Camp Casey, Korea f. Current Enlistment Date/Term: 10 October 2012/3 years g. Current Enlistment Service: 1 year, 1 month, 7 days h. Total Service: 5 years, 9 months, 17 days i. Time Lost: 6 days (confinement) j. Previous Discharges: RA, 080115-121009, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Policeman m. GT Score: 92 n. Education: HS Graduate o. Overseas Service: SWA, Korea, Alaska p. Combat Service: Iraq (090510-100510) q. Decorations/Awards: ARCOM, AGCM, NDSM, GWTSM, KDSM, ICM-CS, NPDR, ASR, OSR, CAB r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 24 January 2008 for a period of 5 years. He was 18 years old at the time of entry and a high school graduate. He reenlisted on 10 October 2012 for a period of 3 years. He served in Alaska, Korea, and Iraq. He earned an ARCOM and a CAB and completed 5 years, 9 months, and 17 days of active duty service. When his discharge proceedings were initiated, he was serving at Camp Casey, Korea. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 15 October 2013, the applicant was charged with the following offenses: a. violation of Article 80 (131006), b. violation of Article 90 (130921x2), c. violation of Article 92 (130824x2, 130825x2, 130901x2, and 130921X2), d. violation of Article 128 (130901), and e. violation of Article 134 (130901 and 131006x2). 2. On 15 October 2013, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of AR 635-200, Chapter 10, 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 elected not to submit a statement on his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. 3. On 30 October 2013, 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 was discharged from the Army on 16 November 2013, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service indicates 6 days of time lost for being confined from 8 October 2013 to 13 October 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. One counseling statement, dated 1 September 2013, initiating separation proceedings. 2. Two DA Forms 4187 (Personnel Action), dated 12 November 2013, reflects the applicant’s duty status changes as follows: a. Present for Duty to Confined, effective 8 October 2013, and b. Confined to Present for Duty, effective 14 October 2013. 3. Discharge Orders Number 316-0001, dated 12 November 2013, Department of the Army, Pacific Region, US Army Garrison-Casey, APO AE, reflects the applicant was discharged from the Regular Army effective 16 November 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 13 June 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None was provided with the 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization was carefully considered. However, after examining the applicant’s record of service, the issue 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. 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 rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 5. 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: 3 June 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) AR20140011110 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1