IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140011022 ___________________________________________________________________________ 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 general, under honorable conditions. 2. The applicant states, in effect, he was young and inexperienced in life and responsibility. He completed the Boxwood Treatment Center Drug Program and has been drug free since that time. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 17 October 2012 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: A Co, 1-24th Infantry Regiment, Fort Wainwright, AK f. Current Enlistment Date/Term: 17 February 2010, 3 years and 16 weeks g. Current Enlistment Service: 2 years, 7 months, 24 days h. Total Service: 2 years, 7 months, 24 days i. Time Lost: 6 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 108 n. Education: GED Certificate o. Overseas Service: Alaska/Southwest Asia p. Combat Service: Afghanistan (110417-120417) q. Decorations/Awards: NDSM, ACM-W/2CS, GWOTSM, ASR, OSR, NATO MDL 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 17 February 2010, for a period of 3 years and 16 weeks. He was 19 years old at the time of entry with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. His record also shows he served a combat tour, he did not earn any awards for acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3. He was serving at Fort Wainwright, AK when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 3 October 2012, the applicant was charged with the following offenses: a. violating a lawful general order, by wrongfully possessing the intoxicant spice (120929), b. violating a lawful general order, by wrongfully using the intoxicant spice (120929), c. assaulting SPC L. by lunging at him (120929), and d. wrongfully communicating a threat to kill 1SG B. (120929). 2. On 3 October 2012, 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 submitted a statement in his own behalf (which is not contained in the available record). The applicant’s chain of command’s documentation recommending approval of the Chapter 10 request with an under other than honorable conditions discharge is not contained in the available record and government regularity is presumed in the discharge process. 3. On 11 October 2012, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. 4. The applicant was discharged from the Army on 17 October 2012, 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 an RE code of 4. 5. The applicant’s record of service indicates 6 days of time lost for being in pre-trial confinement from 3 October 2012 until 9 October 2012. 6. The applicant’s service record does 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. FG Article 15, dated 18 September 2012, for wrongfully possessing spice x 2 (120901, 120827), wrongfully using spice x 4 (120830, 120826, 120503, 110220); wrongfully using ecstasy x 2 (110425, 110310); and wrongfully using marijuana x 2 (110326, 110310); the punishment consisted of a reduction to E-1, forfeiture of $745 pay for two months, extra duty and restriction for 45 days. This Article 15 is not contained in the available record; see pre-trial confinement checklist. 2. Two DA Forms 4187 (Personnel Action), dated 3 October 2012 and 10 October 2012, showing the applicant’s present for duty and confinement dates. 3. Three CID Reports of Investigation, dated 4 October 2012, 7 September 2012 and 5 September 2012, indicating the applicant was under investigation for failing to obey a general order, obstruction of justice, wrongfully using MDMA, and wrongfully using marijuana, respectively. 4. Pre-trial confinement checklist, dated 3 August 2012 indicates the applicant received a FG Article 15 for various Articles of the UCMJ. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a DD Form 214 and a substance abuse program completion certificate. POST-SERVICE ACTIVITY: The applicant completed a substance abuse program. 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 the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues 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 applicant contends he was young and inexperienced in life and responsibility. 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. 5. The applicant further contends he completed the Boxwood Treatment Center Drug Program and has been drug free since that time. The applicant is to be commended for his effort. 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. 6. 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: 5 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) AR20140011022 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1