Application Receipt Date: 060113	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his under other than honorable conditions discharge to uncharacterized and reentry elgibility "RE" code.  He relates that he would like to join with a different MOS and only met his recruiter twice.  He claims when he asked the recruiter to change jobs prior to basic training, he was told it could not happen.  He continues by stating if he was allowed to change jobs he would have never gone AWOL.  He concludes that his parents retired from the Army and if he is allowed to rejoin with an MOS he desires, he would serve 20 years.        

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 031107
Discharge Received:     Date: 031205   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: PCF PS BN USAFACFS TC, Fort Sill, OK 73503-5100 

Time Lost: AWOL-122 days (030514-030913) Surrendered to military authorities.

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

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820225  
Current ENL Date: 030227    Current ENL Term: 3 Years       
Current ENL Service: 0 Yrs, 5 Mos, 6 Days      
Total Service:  0 Yrs, 5 Mos, 6 Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: None   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant claims he is the father of a daughter and is currently working on an Associates Degree in Paramedic Technology.

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
The evidence of record shows that on 18 September 2003, the applicant was charged with AWOL from (030514-030913.)  On 19 September 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 waived further rehabilitative efforts and  recommended approval of an under other than honorable conditions discharge.  On 17 November 2003, the separation authority approved the discharge with an under other than honorable conditions discharge.  

b.  Legal Basis for Separation:  
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of regulation provides, in pertinent part, that a servicemember who has committed an an offense or offenses for which the authorized punishmentincludes 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.  Army policy states that although and honorable or general diacharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 


c.  Response to Issues, Recommendation and Rationale:  
After careful review of all the applicant's military records during the period of enlistment currently under review and the issues he submitted, the analyst finds no mitigating factors that would merit an upgrade of the applicant's discharge.  It is recommended that the applicant's request for an upgrade of his characteization of service and reentry elgibility "RE" code be denied.  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 charge.  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 UCMJ.  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 that the applicant was aware of this prior to requesting discharge.  The reason for discharge and the characterization of service were both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 060515              
Location: Tampa, FL

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted several documents in support of his personal appearance Board.




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh, based the applicant's post sevice acomplishments and circumstances surrounding AWOL.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to uncharacterized.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.

















 

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 



ESMERALDA G. PROCTOR		DATE: 060605
Colonel, U.S. Army
Chief, Secretary Recorder