IN THE CASE OF: BOARD DATE: 26 January 2015 CASE NUMBER: AR20140017900 ___________________________________________________________________________ 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 general, under honorable conditions. 2. The applicant states, in effect, that his First Sergeant (1SG) requested his marriage license and he could not produce it so, his 1SG gave him seven days of leave to go and get a copy of his marriage license and return. After the seventh day, the applicant became afraid, did not return to duty, and went AWOL. He was picked up in Dyersburg, TN and released three days later. He later got pulled over in Pemiscot County, MO, and the military police (MP) arrived and he was bused back to Fort Campbell, KY, where he requested a discharge in lieu of Courts Marital. He contends he had a second neck surgery afterwards, which is why he is requesting an upgrade. The upgrade will allow him to get medical care from the veteran affairs office and show that his disabilities occurred during his military service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 28 February 2001 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, Chapter 10 SPD, KFS, RE 4 e. Unit of assignment: Battery A, 3rd Battalion, 320th Field Artillery Fort Campbell, KY f. Current Enlistment Date/Term: 21 September 1998, 6 years g. Current Enlistment Service: 1 year, 10 months, 14 days h. Total Service: 7 years, 9 months, 14 days i. Time Lost: 204 days j. Previous Discharges: USAR 930122-960331/NA RA 960401-980920/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 63B10, Light-Wheel Vehicle Mechanic m. GT Score: 100 n. Education: GED o. Overseas Service: Southwest Asia p. Combat Service: Kuwait (960917-961217) q. Decorations/Awards: AAM, ARCAM, NDSM, ASR, JMUA r. Administrative Separation Board: NA s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 1 April 1996, and reenlisted on 21 September 1998, for a period of 6 years. He was 29 years old at the time of entry and had a general education development certificate (GED). He earned an AAM and completed a total of 7 years, 9 months, and 14 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s disciplinary history includes accrual of 204 days of time lost for being AWOL from 24 April 1999, until his apprehension by the civilian authorities on 14 November 1999. 2. On 23 November 1999, a court-martial charge was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offense outlined in the preceding paragraph. On 23 November 1999, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to him. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge in lieu of trial by court-martial. 3. In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge. He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge. He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws. The applicant confirmed he had no desire to perform further military service and did not submit a statement on his own behalf. 4. On 21 December 2000, the separation authority approved the applicant's request for discharge and directed that he be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate. 5. On 28 February 2001, the applicant was discharged accordingly. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 7 years 9 months and 14 days of creditable active military service; accrued 204 days of time lost due to being AWOL and was placed on excess leave for 463 days (991124-010228). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 458, Charge Sheet, dated 23 November 1999, with the allied documents pertaining to his separation packet. 2. Orders 337-64, dated 3 December 1999, indicates that applicant was apprehended by the civilian authorities at 1129 hours on 14 November 1999, at Caruthersville, MO. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 293, dated 15 May 2014; DD Form 214; and a copy of his formal health records. POST-SERVICE ACTIVITY: The applicant did not provide any 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 of service 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 AWOL. It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge 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 show 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 got a divorce while stationed at Fort Hood, TX and was given seven days of leave from his 1SG to get a copy of his marriage license and return. After the seventh day, he became afraid and did not return to duty, and went AWOL. He was apprehended and returned to Fort Knox, KY, and took the discharge in lieu of trial by court-martial, and since then he has had surgery on his neck for a second time. That is why he is requesting an upgrade to seek medical care from the veteran’s administration. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct. Specifically, he claims his family issues at home; his financial issues; and his medical issues resulted in his discharge. While the applicant may believe his aforementioned issues was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 5. The applicant further contends he would like to seek medical care from the veteran’s administration. Eligibility for veteran's benefits to include medical benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should continue to contact a local office of the Department of Veterans Affairs for further assistance. 6. Therefore, the reason for discharge and the 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: 26 January 2015 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: 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) AR20140017900 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1