Application Receipt Date: 2006/10/10	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that he acted selfishly after being given an appropriate amount of leave to resolve a family situation.  He joined the Army under the Officer Candidate School option and abused a once in a lifetime opportunity by going AWOL.  He asks for a second chance and requests an RE code change to be able to join as an enlisted soldier and make it right.  He feels he still has something to contribute to the U.S. Army and is otherwise fully qualified.  

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: 060725
Discharge Received:     Date: 060913   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial
RE:     SPD: KFS
Unit/Location: B Co, 120th AG Reception Battalion, Fort Jackson, SC 

Time Lost: 53 days, AWOL (060411-060604), surrendered

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

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  790901  
Current ENL Date: 060328    Current ENL Term: 3 Years       
Current ENL Service: 00 Yrs, 03 Mos, 22 Days      
Total Service:  00 Yrs, 03Mos, 22Days Includes 97 days of Excess Leave (060609-060913)
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: None
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 25 July 2006, the applicant was charged with AWOL from 11 April 2006 until 4 June 2006.  On 9 June 2006, 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 22 August 2006, the separation authority approved the Chapter 10 request 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 issues he submitted, the analyst found that the characterization of service granted is too harsh and as a result inequitable based on the circumstances surrounding his AWOL.  The analyst noted that the applicant was in entry-level status when he returned from a period of AWOL (060411-060604).  The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  In essence the applicant's separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized.  The applicant had been in the Army for 15 days  when he requested emergency leave to take care of a family situation, the command granted him a 6-day leave after which he remained AWOL for 53 days until he returned on his own.  Notwithstanding the propriety of the applicant's discharge, the analyst recommends to the Board that the applicant's service should now be described as uncharacterized.  However, the reason for discharge remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 5 December 2007              
Location: Washington, D.C.

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 3    No change 2   - Character
		 			      Change 0    No change 5   - 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 granted is inequitable based on the circumstances surrounding the discharge.  Notwithstanding the propriety of the applicant's discharge, the Board concluded that the applicant's service should now be described as uncharacterized.  Accordingly, the Board voted to grant partial relief by changing the description of the applicant's 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: Alejandro Champin, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 7 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014543

Applicant Name:  Mr.        
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