Application Receipt Date: 061020	

Prior Review    Prior Review Date: None

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

Issues: I was home on leave in January from the republic of South Korea. I had missed my flight and called my squad leader to let him know what was happening. I got a call back from the squad leader and was told to turn myself into the authorities. So I tried for two days to have myself arrested but the police state and city could not hold me because I had no warrants or anything so they let me go. So I went to the nearest base which was FT. Hood and turned myself into the mp station. The mp's did not arrest me but gave me some cash to get something to eat and reported back to them in the morning and was sent to Oklahoma to be held until they got into contact with my unit. They told me that they could not reach my unit which was odd but I did not trust them and they started to out process me and others. Later to find out when I got my phone back and was able to call my squad leader after I was already discharged, he said nobody contacted him, my first sergeant or my sergeant major. I never thought about leaving the army I was not prepared for this I wanted too retire from the military. There is nothing more embarrassing to come home like that after being in Iraq my family was so proud of me and then to come home like this it just not right. I have seen people go AWOL and come back for twice the period I was and they where not kicked out like this. They did not even send me my DD form 214 to the right address I know I gave her the right address I wrote it down personally. In short I would just like discharge to upgrade so that I can reenlist into the military its all I know and I was good at it. The facts are I was AWOL for 20 days in total. I was in contact with my leaders I was not hiding or running away from the army. I just want my life back. I want to do what I have grown to love. I reenlisted in Iraq.  Why would I do that if I wanted out so bad?

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: 050325
Discharge Received:     Date: 050712   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: D Co, 2-9 IN Regt, Camp Casey, Korea 

Time Lost: AWOL, 47 days (050126-050313), surrendered at Fort Hood.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  820316  
Current ENL Date: 030831    Current ENL Term: 4 Years       
Current ENL Service: 1 Yrs, 10 Mos, 12 Days Includes 110 days of excess leave  (050325-050712)
Total Service:  04 Yrs, 01Mos, 08Days      
Previous Discharges: RA-010418-030830/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: NIF   EDU: GED   Overseas: Korea    Combat: Iraq (Dates NIF), applicant's re-enlistment documents show he re-enlisted in Iraq
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 24 March 2005, the applicant was charged with AWOL (050126-050313).  On 25 March 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 20 June 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, at the time of discharge the applicant was appropriately assigned a 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 analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 		Date: 5 December 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 2    No change 3   - 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 discharge was both proper and equitable and voted to deny relief.  

Case report reviewed and verified by: Chuck Busick, 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: 

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 AR20060014946

Applicant Name:  Mr.       
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