AR20140003170

IN THE CASE OF: Mr.

BOARD DATE: 23 January 2015

CASE NUMBER: AR20140003170
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his under other than honorable conditions discharge characterization to honorable.

2. The applicant states, in effect, his actions that caused his discharge from the military were due to Post Traumatic Stress Disorder (PTSD). He states when he returned home he was under more stress and was on the verge of a nervous breakdown. He tried to seek assistance for combat stress; however, he contends it became an issue for his chain of command. He contends, while on leave he sought treatment from civilian doctors at his own expense and was diagnosed with severe PTSD. The doctors recommended he not return to the deployed area but continue with the help he needed. As a result, he states he was discharged for bad conduct. He desires to use his veteran benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 18 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 6 December 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: 182nd Engineer Company, Fort Knox, KY
f. Current Enlistment Date/Term: 14 June 2012/(OAD on 25 November 2011 for
400 days)
g. Current Enlistment Service: 3 months, 16 days
h. Total Service: 14 years, 11 months, 20 days
i. Time Lost: 67 days
j. Previous Discharges: ARNG, 971217-971218, UNC
Break, 971219-010325, NA
DEP, 010326-010410, NA
RA, 010411-020919, GD
Break, 020920-041025, NA
ARNG, 041026-051025, HD
USAR, 051026-061215, HD
Break, 061216-070315, NA
ARNG, 070316-080315, NA
ARNG, 080316-111124, NA,
OAD, 111125-120613/NA (Concurrent Service)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 91B10, Wheeled Vehicle Mechanic
m. GT Score: NIF
n. Education: GED
o. Overseas Service: SWA
p. Combat Service: Afghanistan (120106-NIF)
q. Decorations/Awards: NDSM, ASR, CAB, NOPDR
r. Administrative Separation Board: NA
s. Performance Ratings: No
t. Counseling Statements: No
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard (ARNG) on 17 December 1997, for a period of 8 years. He was discharged after one day of service with an uncharacterized discharge. He was 27 years old at the time of entry and had a General Equivalency Diploma (GED). He reentered active duty on 11 April 2001, for a period of 3 years. He received a general, under honorable conditions discharge for this period of service. After a brief break in service, he enlisted in the ARNG on 26 October 2004, for a period of six years and received an honorable discharge. He was then transferred to the Army Reserve (USAR) on 26 October 2005 and was again honorably discharged. Again, after a brief break in service, the applicant enlisted in the ARNG on 16 March 2007, for a period of 1 year. He extended his enlistment on 15 March 2006, for six years. He served in Afghanistan and earned a CAB. He completed a total of 8 years, 3 months, 23 days of creditable military service. When his discharge proceedings were initiated, the applicant was in an AWOL status from his unit in Afghanistan.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record contains two DD Forms 458 (Charge Sheet), which indicates that on 9 June 2012 and 28 August 2012, the applicant was charged with the following offenses:

a. being AWOL x 2 on 9 June 2012 and remaining so absent in desertion, and

b. being AWOL from 9 June 2012 until 20 August 2012.

2. On an unknown date, 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 veterans benefits. The applicant did not submit a statement on his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge.

3. On unknown date, 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 6 December 2012, with a characterization of service of under other than honorable conditions. The record also shows 106 days of excess leave from 23 August 2012 to 6 December 2012.
5. The applicants record of service indicates 67 days of time lost for being AWOL from
14 June 2012 until his surrender on 20 August 2012.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Two Charge Sheets, dated 9 June 2012 and 28 August 2012, reflects the applicant was charged with being AWOL.

2. Several DA Forms 4187 (Personnel Action), dated 24 May 2012, 19 June 2012 and 22 August 2012, changing the applicants duty status.

3. Orders Number 053-135, dated 22 February 2013, DA, Joint Force Headquarters, Hanscom AFB, MA, discharged the applicant from the ARNG and USAR, effective 6 December 2012, with an under other than honorable conditions discharge.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 12 February 2014, a DD Form 214 covering the period of service under review, a self-authored statement, a letter from Mr. B, MD, dated 17 May 2012, a letter of support from Mrs. C, dated 15 April 2012, and three witness statements of accident/incident, dated 8 May 2012.

POST-SERVICE ACTIVITY:

The applicant did not provide any in support of 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 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 his characterization was carefully considered. However, after examining the applicants record of service, 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 suffering from PTSD. However, the service record contains no evidence of a PTSD diagnosis. However, the applicant submitted a letter from Dr. B, dated 17 May 2012, that indicates he was arranging for an immediate psychiatric evaluation and recommended the applicant not return to active duty until his issue was resolved.

5. Further, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance through his chain of command before committing the misconduct which led to the separation action under review. The applicants statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.

6. The applicant contends that an upgrade of his discharge would allow use of his veterans benefits. However, eligibility for veteran’s benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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: 23 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

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: 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) AR20140003170

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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