IN THE CASE OF: Ms. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140018491 ___________________________________________________________________________ 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 under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, she had a high risk pregnancy; however, was not allowed to see a doctor when needed. The applicant contends she felt that she need to make a decision for herself and her unborn child; therefore, she left to go to her home of record. The applicant contends she called the unit to let them know why she left and where she was at. Additionally, the applicant states she was told not to return to the unit until the baby was at least four months old. The applicant contends she asked about returning to her unit but was told that she was not wanted back and was being involuntarily separated. The applicant contends she would like the chance to continue her service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 October 2014 b. Discharge Received: Under Other Than Honorable c. Date of Discharge: 9 October 2009 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: B Company, 232nd Medical Battalion, Fort Sam Houston, Texas f. Current Enlistment Date/Term: 22 January 2008/5 years g. Current Enlistment Service: 9 months, 4 days h. Total Service: 2 years, 4 months, 4 days i. Time Lost: 354 days j. Previous Discharges: RA, 020531-031231, GD k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 111 n. Education: HS Graduate o. Overseas Service: Alaska p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 22 January 2008 for a period of 5 years. She was 24 years old at the time of entry and a high school graduate. She served in Alaska and completed 2 years, 4 months, and 4 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Sam Houston, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 13 July 2009, the applicant for being, without authority, absent from her organization from on or about 21 July 2008 to on or about 5 July 2009. 2. On 13 July 2009, 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 submitted a statement on her own behalf. The applicant states, in effect, due to her family circumstances, she had no option but to return home. In addition, the applicant states she sought help from the various agencies such as the chaplain, IG, and mental health; however, no one did anything. The unit commander recommended approval of an under other than honorable conditions discharge. 3. On 22 September 2009, 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 9 October 2009, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service indicates 354 days of time lost for being AWOL from 5 June 2008 through 11 June 2008 and 21 July 2008 until her apprehension on 5 July 2009. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Order Number 271-0170, dated 28 September 2009, Department of the Army, Headquarters, US Army Garrison Command, Fort Knox, KY, discharged the applicant from the United States Army effective 9 October 2009. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 3 September 2014, and a DD Form 214 covering the period of service on active duty training. POST-SERVICE ACTIVITY: None was provided with the application. 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 an SPD Code of "KFS" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of her characterization of service was carefully considered. However, after examining the applicant’s record of service and the issues 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. 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 contends that she was family issues that affected her behavior and ultimately caused her to be discharged. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The applicant contends her high risk pregnancy and the lack of help from her chain of command contributed to her discharge from the Army. However, the service record lacks circumstantial evidence that support the applicant’s contentions regarding her medical issues (ie. doctor’s evaluation, mandated bed rest) and lack of support from her chain of command. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 6. The applicant requests a change to the characterization of her service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 7. 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: 12 December 2014 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) AR20140018491 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1