Applicant Name:  ?????

Application Receipt Date: 2011/12/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I am a mother now and would like to be able to get the benefits I could get if I had an honorable discharge, like medical. We have a VA hospital in the next town over and I know I have a lot of health problems but can not go to the VA because I can not get approved because of my discharge.  I ask that you please upgrade me to Honorable.  I am going to school to become a nurse and I am afraid that later on that my discharge can stop me from getting a good job that can make a good life for me and my daughter.  I was never in trouble in the Army and was always an outstanding soldier. I was in Iraq in year 2006 and was a driver in the Colonel's PSD convoy. I was always the go-to person for all my chain of command because they knew I could be trusted and would get the job done. The reason why I got the discharge was because I went AWOL after coming back from Iraq. I got pregnant and had a miscarriage at 4 months and I was very depressed. I tried talking to my chain of command and I even went to mental health. No one wanted to help so I left in fear that I might turn to suicide because I was at my lowest point.
I ask out of the goodness of your heart please, please consider me for an upgrade. Thank You for your time and consideration!!

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: 110427
Discharge Received: 			   Date: 110622   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 96th ASB, Fort Campbell, KY 

Time Lost: AWOL x 2 for a total of 1280 days: 1249 days ( 070917-110319), mode or return unknown; 31 days    (110320-110419), surrendered.

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

Courts-Martial (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070621    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 04  Mos, 29 Days Includes 62 days of excess leave (110422-110622)
Total Service:  		03 Yrs, 03  Mos, 08  Days ?????
Previous Discharges: 	RA-040812-070621/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (051205-061130)
Decorations/Awards: ICM-w/CS, GOWTEM, ASR, OSR, CAB







V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states: "I am going to school to become a nurse." 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 April 2011, the applicant was charged with going absent without leave (AWOL) x 2 (070919-110319 and 110320-110419).
       
       On 21 April 2011, 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 she understood she could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in her own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.
       
       On 7 June 2011, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.
       
       The applicant's record contain a Military Police Report, dated 2 October 2007.

       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 during the period of enlistment under review, the issues, and documents 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 applicant contends the reason for her AWOL was due to medical issues.  The analyst noted the applicant's contention; however, the record of evidence does not demonstrate that she sought relief 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, she has provided no evidence that she should not be held responsible for her misconduct.
       
       
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The analyst noted the applicant's issue about her current characterization of service having an effect on her ability to find a good job later.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Further, 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.
       
       In view of the foregoing, 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: 30 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.























        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120000381
______________________________________________________________________________


Page 3 of 4 pages