Application Receipt Date: 060526	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that ever since I was a child, all I wanted to do was to be a soldier; I guess you can say it is my life’s ambition.  The day I received my infantry cord was one of the proudest moments in my life.  On that day, I promised myself that I would let nothing or no one get in the way of my drive towards becoming a member of the Rangers, or even Special Forces, which is what I wanted to do.  However, a last minute decision to walk away from my commitment to the U.S. Army changed all of that.  Upon my enlistment I was not able to get a Ranger or Airborne slot, however my recruiter told me not worry because I would be able to volunteer for either of those schools in boot camp.  I found out later that this was not true and felt totally betrayed. I ended up with mechanized infantry, the very job I had told my recruiter, from the start, I did not want. I decided to make the best of my situation until I got to my unit. Once I got to my unit I again found out that I would not be able to go to either of those schools until the end of my current enlistment. Again I decided to make the best of my current situation and did until I found out my parents were having severe financial issues at  home. That compounded with the feelings of betrayal, put me in a very bad place. I tried everything I could think of to help or get help for my parents, but what little money I could send home didn’t seem to make a difference for their situation. Leaving the Army was never in any of my plans, but one Sunday evening, a fellow soldier came to my room and told me he was leaving and said there was an open seat in his car if I wanted to go with him. I made the wrong choice. Not by going home to my family, but by walking away from my commitment to the Army without the support of my unit. I have been trying diligently to re-join the Army and set my life back on the path I chose then. In 1999, I retook the asvab and pursued getting back in the Active Army. My waiver was denied. Again in October 2005, I pursued joining the Army National Gaurd. I submitted a packet, but was told that they would no longer process "Other Than Honorable" character of service, per the governing Enlistment Criteria.  I am not writing this letter to provide excuses for my selfish actions, but simply to let the Army, government and country know that I deeply regret the decisions I made in my youth.  There is not a day that passes by that I can look at myself in the mirror without regretting my decision to leave the Army.  Don’t get me wrong, I am very proud of all other aspects of my life; my wife, my kids, and the job experiences gained after the fact.  All of that has transformed me into the man I am now.  At this point in my life, I am no longer the immature adolescent I was when I left the Army.  I have grown into a mature and responsible adult.
All I ask now is that the Army affords me another oppertunity to prove that I am a better man than the one who made the first mistake. Back then, when I turned myself in, I did it fully aware of the ramifications of my actions. I was willing to go to the brig because I new the severity of my actions. What  I'm asking for is an oppertunity and for someone to support me on the process of getting back into the Army. I do not understand why I was denied the first time. I was told I could get a waiver, but denied. I did not rob a bank, I did not kill anyone, I was simply trying to take care of my family. If I can admit I made a mistake,  and I took responsibility for that mistake, why years later am I still paying for that mistake.  I would very much welcome the oppertunity to serve my country honorably and to honor the memory of those taht preceded me and those who have since answered the call to serve in the finest armed forces in the world.  

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: 5 June 1996
Discharge Received:     Date: 960708   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: D Company, 3rd Battalion, 7th Infantry, Fort Stewart, GA  31314 

Time Lost: AWOL, for a total of 333 days from (950601-960429).  He surrendered to the military authorities at March AFB, CA, and was transferred to Fort Sill, OK  73503

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750220  
Current ENL Date: 940707    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 0 Mos, 29 Days The applicant was placed on excess leave for a total of 67 days from (960503-960708)
Total Service:  1 Yrs, 0 Mos, 29 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 11M10 FV Infantryman   GT: 101   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 1 May 1996, the applicant was charged with AWOL, from (1 June 1995 to 29 April 1996).  On 2 May 1996, 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 11 June 1996, 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 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 he submitted, the analyst found no mitigating factors that 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 that the applicant was aware of that prior to requesting discharge.  Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 discharge was both proper and equitable, voted to deny relief.   
























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007492

Applicant Name:  Mr.        
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