Application Receipt Date: 2006/09/13	

Prior Review    Prior Review Date: ?????

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

Issues: The applicant stated that he was young and not very mature; while attending basic training to become a infantryman he excelled in all areas except physical training; therefore, he was re-cycled; upon arriving at his new unit, he was criticized by his new chain of command for being physical fit.  He was informed that he would be required to complete the entire training while others that were re-cycled for the same physical fitness issues only had to conduct physical traininig.  According to the applicant he became depressed and purchased a compact disc player and music to help him concentrate on the task at hand; the compact disc player and music was found by his chain of command and labeled contraband.  The further stated that his command implied that he would receive a blanket party that evening sponsored by his Drill Sergeants.  Finally in a panic and fearing for his life, Green went AWOL and returned home to try and figure out how to fix the situation.  When he turned himself in the local authorities he was immediately processed and turned over to the military police where he was sent to Fort Knox to face JAG.   

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: 2003/05/12
Discharge Received:     Date: 2003/05/21   
Chapter: Chapter 10     AR: AR 635-200
Reason: In Lieu Trail By Court Martial 
RE:     SPD: KFS
Unit/Location: Company B, 2nd Battalion, 19th Infantry Regiment, Fort Benning, GA. 

Time Lost:  Absent without leave for a total of 61 days (030305-030504).  The applicant turned himself into local authorities. 

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  85/06/10  
Current ENL Date: 02/10/24    Current ENL Term: 3 Years  ?????
Current ENL Service: 0 Yrs, 04Mos, 27Days ?????
Total Service:  0 Yrs, 04Mos, 27Days ?????
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: None   GT: 113   EDU:  GED   Overseas: None   Combat: None
Decorations/Awards: N/A
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 7 May 2003, the applicant was charged with going AWOL from 5 March 2003 to 4 May 2003.  On 7 May 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 submit a statement in his own behalf.  The unit commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an characterization of service of under other than honorable conditions and that he be reduced to the lowest enlisted grade.
      
      
      

      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, documents, and the issues 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 the applicant's issue; however, at the time of discharge the applicant was appropriately assigned reentry eligibility (RE) code of "4".  An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment.  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: 17 October 2007              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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
?????

Case report reviewed and verified by: COL Silver, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: ?????
Other: ?????
RE Code:  
Grade Restoration:   No   Yes  Grade: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 2007/10/19
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013024

Applicant Name:  Mr.        
______________________________________________________________________


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