Application Receipt Date: 060601	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he is asking for an upgrade in my discharge from "Under Than Honorable Conditions' to a "General Discharge". I admit to going AWOL in February of 1981 after enlisting in June 1973. I started my 30 year drinking career at the age of 17 when I joined the service. In those days it was expected of a soldier to go to the EM/NCO club after work and have a few drinks. I soon became an alcoholic. When I was an Army recruiter I was stoppped while driving a government vehicle under the influence. When I was given an Article 15, I was not offered, or deemed worthy, by the phychiatrust who interviewed me any form of alcohol treatment. I was sent to Korea and my drinking continued, and I soon began using drugs from the local pharmacies. I told my platoon sergeant, and platoon leader I had a problem. They offered no assistance, and ignored my request. I was soon there after caught with another sergeant smoking marijuana in the barracks. I was eventually given an Article 15, but just days before I was supposed to go home on leave to see my wife. We were having financial, and marital problems. I already  had my ticket so I used it and went home. My wife and I eventually got divorced. I never tried to hide from the Army, or from what I had done. I believe my Army record of citations proves I was an outstanding soldier untill my alcoholism, which is classified as a disease, took over my life. I was on the E7 promotion list when I was a recruiter, and given an Article 15 and busted in rank to E5. I would not have been selected for the promotion list if I was not an excellent soldier. Over 21 years have gone by since I went AWOL. I am involved in community activities like church, donataing blood on a regular basis because it is a rare type used to treat babies. I quit drinking several years ago, and have led a productive life since. I believe I deserve this upgrade due to my earlier performance, and the Army's lack of commitment to help soldiers that have this kind of problem and refuse treatment when asked, or identify the need for treatment during the time frame I served. As I said earlier, I don't deny going AWOL and never looking back, but I feel that my level of discharge is unfair for the level of service I provided earlier in my enlistment. My DD214 does not indicate under Military Education, that I went to four weeks of training to become an Army Recruiter at Ft Benjamin Harrison. Under Decorations, Medals, etc my record shows I received two Army Commendation medals when it should read three. 
My statement above about my awards, decorations, and other circumstances reflects reason to believe my ddischarge level was unjust.  I feel that the record shows I was an exemplary soldier by the number of citations I received while an enlisted man. I have been a law abiding citizen since I went AWOL, I have earned a university degree (BS in Mathematics Education) by working my way thru the process of obtaining the degree, and I have been a productive member of society ever since. As far as providing documentation, I can on;y submit pages 1 & 4 of the DD 214 I was sent in the mail. After over twenty years, I have no other military documentation left in my household.



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: 050225
Discharge Received:     Date: 050311   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Battery D, 2nd Battalion, 61st ADA, Yono-Te-Ri, Koera 

Time Lost: AWOL, for a total of 8047 days, from (24 January 1983 to 11 February 2005).  The applicant was apprehended by the civilian authorities at Sunrise, FL, placed in the Broward County Jail, and transferred to Fort Knox, KY  40121

Article 15s (Charges/Dates/Punishment): 820202, Failed to obey a lawful General Regulation by operating an administrative vehicle under the influence of alcohol (820122), wrongfully appropriate a ford fairmont, of a value of about $5400.00, the property of the US Government (820122), and unlawfully drink intoxicating liquor with an applicant under your charge (820122) (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  551203  
Current ENL Date: 810211    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 0 Mos, 14 Days The applicant was placed on excess leave for a total of 15 days from (050225-050311)
Total Service:  9 Yrs, 4 Mos, 8 Days ?????
Previous Discharges: RA-730620-750320/HD
                                      RA-750321-810210/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 16P10 Chaparral Crewmember   GT: NIF   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM (2), MSM, GCMDL (2), NDSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 24 February 2005, the applicant was charged with AWOL from (24 January 1983 to 11 February 2005).  On 24 February 2005, 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 2 March 2005, 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 determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  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: 4 April 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: 6 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007848

Applicant Name:  Mr.        
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