AR20140001053

IN THE CASE OF: Ms.

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140001053
___________________________________________________________________________

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 to be 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 her under other than honorable conditions discharge be upgraded to general, under honorable conditions.

2. The applicant states, in effect, she did not adjust well with her new platoon sergeant because she made things hard for her emotionally and made her feel like a loner. She started showing up late for morning physical training and work sad and at the time she did not know, but she was depressed. Being young, naive and easily influenced, she took it upon herself and went home without anyones approval. Since then she has opened up her own clothing store and coffee shop and worked hard to become a successful business women.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 31 December 2013
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 15 February 2008
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: Bravo Detachment, 18th Personnel Services
Battalion, Fort Bragg, NC
f. Current Enlistment Date/Term: 28 September 1999, 4 years
g. Current Enlistment Service: 3 year, 7 months, 8 days
h. Total Service: 3 year, 7 months, 8 days
i. Time Lost: 1, 740 days, AWOL (020909-070618)
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 42A10, Human Resources Specialist
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: GWOTSM, ASR
r. Administrative Separation Board: NA
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 28 September 1999, for a period of 4 years. She was 19 years old and a high school graduate. She was trained in military occupational specialty (MOS) 42A10, Human Resources Specialist. Her record documents no acts of valor or significant achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants disciplinary history includes accrual of 1,740 days of time lost for being absent in desertion from 9 September 2002 until her surrender to the military authorities at Fort Sill, OK on 19 June 2007.

2. On 10 January 2008, a court-martial charge was preferred against the applicant for violating Article 85, Desertion of the Uniform Code of Military Justice (UCMJ) based on the absent in desertion offense outlined in the preceding paragraph. On 15 January 2008, 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 her. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.

3. In her request for discharge, the applicant acknowledged that by submitting the request for discharge she was admitting she was guilty of the charge against her or of a lesser-included offense that also authorized the imposition of a bad conduct discharge. She also confirmed her understanding that if her request for discharge was approved, she could receive an under other than honorable conditions discharge. She further stated she understood that receipt of an under other than honorable conditions discharge could result in her being deprived of many or all Army benefits, her possible ineligibility for many or all benefits administered by the Veterans Administration, and she could be deprived of her rights and benefits as a veteran under State and Federal laws. The applicant confirmed she had no desire to perform further military service and did not submit a statement on her own behalf.

4. On 16 January 2008, the unit commander and intermediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.

5. On 8 February 2008, the separation authority approved the applicant’s request for discharge and directed that she be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate.

6. On 15 February 2008, the applicant was discharged accordingly. The DDForm214 (Report of Separation from Active Duty) she was issued shows she completed 3 years, 7 months, and 8 days of creditable active military service and accrued 1,740 days of time lost due to being absent in desertion status.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

There are no negative counselings or actions (i.e., Articles 15) under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application dated 31 December 2013.

POST-SERVICE ACTIVITY:

The applicant stated on her application since her discharge she has opened up her own clothing store and coffee shop and worked hard to become a successful business woman.

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 individuals 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 applicants request for an upgrade of her characterization of service was carefully considered. However, after examining the applicants record of service and the issue 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 she did not adjust well with her new platoon sergeant because she made things hard for her emotionally and made her feel like a loner. She started showing up late for morning physical training and work sad and at the time she did not know, but she was depressed. While the applicant may believe her platoon sergeant contributed to her depression at work and it was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her depression through her 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 she should not be held responsible for her misconduct.

5. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

6. The applicant contends being young, naive and easily influenced, she took it upon herself and went home without anyones approval. 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.

7. The applicant further contends since then she has opened up her own clothing store and coffee shop and worked hard to become a successful business women. The applicant is to be commended for her efforts. However, these accomplishments do not provide the Board a basis upon which to grant relief.

8. 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: 24 November 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) AR20140001053

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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