Applicant Name:  ?????

Application Receipt Date: 2011/09/25	Prior Review:     Prior Review Date: 22 May 2009/Records Review 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he did not intentionally go AWOL, he had to take care of his daughter and find her some where to live so he could finish his tour.  He had grauated from the Infantry basic training school and he wanted to stay in and finish his contract with the Army.  If given the chance again he would serve to the best of his ability.  He has been a law abiding citizen and he is a Armed Security Officer for the Port Everglades and Airport.  He is now a husband and father of two children and if he has to serve, he is willing to do so.  

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 030423
Discharge Received: 			   Date: 030611   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: ????? 

Time Lost: AWOL x 1 (020110-030205) for 392 days.  The applicant surrendered to the military authorities at Fort Sill, OK.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 010613    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 11  Mos, 3  Days The computation includes 118 days of excess leave from (030214-030611).
Total Service:  		4 Yrs, 4  Mos, 0  Days ?????
Previous Discharges: 	USAR 980109-980216/NA
                                       ADT    980217-980521UNC
                                       USAR 980522-010612/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 57E10 Laundry & Bath Spec   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has been a law abiding citizen and he is now an Armed Security Officer for the Port Everglades and Airport and a husband and father of two children.  






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 February 2003, the applicant was charged with AWOL from (020110-030206).  On 13 February 2003, 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. 
       
       Further, the applicant indicated that he understood that 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 did not submit a statement in his own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  On 20 May 2003, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation 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. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge.  
       
       The analyst noted the applicant's issue that he had to take care of his daughter and find her some where to live so he could finish his tour and if given the chance again he would serve to the best of his ability.  While the applicant may believe his family issue at home and was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from this issue through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       
       
       
       
       
       
       
       
       
       
       
       Further, the analyst acknowledges the applicant’s issue outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 April 2012         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 9 September 2011.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable.  The Board found that the overall length and quality of the applicant's service, the circumstances surrounding his AWOL (i.e., family situation of his daughter being abandon by the mother) and he enlisted in the United State Army Reserve, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "3" and a restoration of grade to "SPC/E-4." 
























        
IX.  Board Decision						
Board Vote:
Character - Change 4    No change 1
Reason -     Change 4    No change 1
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: "Secretarial Authority" under the provisions of AR 635-200, Chapter 5, paragraph 5-3a with a corresponding SPD code "JFF" 
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: SPC/E-4

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110019615
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