Application Receipt Date: 060622	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that the reason his discharge should be changed is, because now that I look back at the mistake I made, I realize that my actions were unfavorable. There are no words to express my regret. If I had the chance to change the direction I took, I would not be writing this explanation today. I now consider myself a very responsible member of society, I am also a dedicated father and husband. If my discharge status is changed I would be able to become a more productive person within my community. There are a lot of job opportunities for ex-military members, that have an honorable discharge status. I want to be able to provide for my family by, having those same opportunities. This skills that I acquired while in the military would be extremely beneficial to any local government that would give me the opportunity for employment. I feel that I have suffered adequately for my actions, by not being able to give my family a better life than the one I have now. My children deserve more than what I am able to do for them, and they should not have to suffer for the actions I made. Again, no words can describe the regret that I feel, and if I could do it all over again, I would still be a outstanding member of the U.S. Army. Please review my request and carefully consider my change in discharge status. Thank you for the opportunity to be able to state my reasons.

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: NIF
Discharge Received:     Date: 040603   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: 49th Medical Company (Logistics) 36th Medical Evacuation Battalion, Fort Sam Houston, TX  76544 

Time Lost: AWOL x 2, for a total of 643 days from (011010-011110) and (011111-030717).  The applicant was apprehended by the military authorities at Laredo, TX, placed in the Webb County jail and transferred to SPC/PCF, Fort Knox, KY  40121

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  751001  
Current ENL Date: 991109    Current ENL Term: 3 Years  The net active service this period on the DD Form 214, item 12c is incorrrect, should be: 2 Yrs, 9 Mos, 16 Days
Current ENL Service: 2 Yrs, 9 Mos, 16 Days ?????
Total Service:  6 Yrs, 10 Mos, 24 Days ?????
Previous Discharges: USAR-950908-960828/HD
                                      RA-960829-981225/HD
                                      ARNG-981226-991108/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91J10 Medical Logistics Specialist   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, GWOTSM, NDSM, ASR
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 17 March 2004, the applicant was charged with AWOL from (10 October 2001 to 18 July 2003).  On 1 April 2004, 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 submitted a statement in his own behalf.  The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 13 May 2004, 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.  
      
      The applicant has two military Police Reports dated (011016) and (030716) in his Official Military Personnel File

      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 applicant is to be commended on his work achievements since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 23 May 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: 25 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008941

Applicant Name:  Mr.        
______________________________________________________________________


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