IN THE CASE OF: BOARD DATE: 8 September 2014 CASE NUMBER: AR20140011075 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation that 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 from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, he feels at the time of his discharge the reasons were inadequate. His discharge has hindered him from moving forward with his life. He was told by a government official not return to his duty station in Germany. He feels that his commander at the time of his AWOL was not lenient and understanding. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 17 January 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: 4-70th Armor Regiment, Rear Detachment Baumholder, Germany f. Current Enlistment Date/Term: 29 June 2007, 6 years g. Current Enlistment Service: 4 years, 4 months, 22 days h. Total Service: 6 years, 6 months, 15 days i. Time Lost: 59 days j. Previous Discharges: RA (050505-070628)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11C10, Indirect Fire Infantry m. GT Score: NIF n. Education: GED Certificate o. Overseas Service: Germany/Southwest Asia p. Combat Service: Iraq x 2 (060628-070921), (090807-091128) q. Decorations/Awards: ARCOM-W/”V” DEV, ARCOM-2, AAM, AGCM NDSM, ICM-W/3 CS, GWOTSM, ASR, OSR-3, MUC VUA r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 5 May 2005, for a period of 4 years and 19 weeks. He was 17 years old at the time of entry with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 11C10, Indirect Fire Infantry. He reenlisted on 29 June 2007, for a period of 6 years and was 19 years old at the time. His record also shows he served two combat tours, earned several awards which included an ARCOM-W/”V” DEV, ARCOM-2, AAM, and an AGCM; he achieved the rank of SPC/E-4. He was serving in Germany at the time he went AWOL; he was apprehended by civil authorities and transferred to Fort Sill, OK where his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 22 December 2011, the applicant was charged with being AWOL (111012-111210). 2. On 22 December 2011, 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. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 3. On 9 January 2012, 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 17 January 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 59 days of time lost for being AWOL from 12 October 2011 until 9 December 2011. He was apprehended by civil authorities in Seattle, WA and returned to military control and transferred to Fort Sill, OK. Also, the applicant had 25 days of excess leave from 23 December 2011 until 16 January 2012. 6. The applicant’s service record does not contain any evidence of actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record contains two DA Forms 4187 (Personnel Action), both dated 2 December 2011, showing the applicant’s present for duty, AWOL and dropped from rolls dates. 2. A DD Forms 553 (Deserter/Absentee Wanted by the Armed Forces), dated 5 December 2011, indicating the applicant was wanted as a deserter. 3. A DD Form 616 (Report of Return of Absentee) dated 10 December 2011, shows the applicant was apprehended by civil authorities and transferred to military control. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with 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. 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 his characterization of service was carefully considered. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons: a. Overall length and quality of service: The applicant served 2 years, 1 month, and 21 days of his initial contract of 4 years and 19 weeks. He reenlisted for 6 years and served 4 years, 4 months, 21 days of that enlistment, giving him a total of 6 years, 6 months, and 15 days of military service, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically an ARCOM-W/”V” DEV, ARCOM-2, AAM, and an AGCM; and two tours of combat in Iraq. 3. This recommendation was made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh and as a result, it is inequitable. 4. The records show the proper discharge and separation authority procedures were followed in this case. 5. In view of the foregoing, the characterization of the discharge is now inequitable and the analyst recommends the Board grant full relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails restoration of grade to SPC/E-4. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 8 September 2014 Location: Washington, DC Did the Applicant Testify: No Counsel: None Board Vote: Character Change: 2 No Change: 3 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: No Change Change RE Code to: No Change 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) AR20140011075 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1