Application Receipt Date: 061121	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he Request that my Discharge be upgraded to a General Discharge. I join the Army In March of 2005, I was unhappy with my contract, But once I swore in the first time at meps I was told By my recruiter that I was stuck with what I signed. I later Foung out by another Army Recruiter that all I had to do was to get depped out before I swore in again to ship out. 
 Once I got to Basic Trainning the thought that I was in a Contrat that I wasn't happy With was to much to handle. So I Left Basic Without leave. 
 Then I when To Fort Sill And turn myself in, to be discharged.
 I realize what I did was wrong and I am requesting for the upgrade so that I can fix what I did wrong and join the Army Guard. I Know for a fact that I will be happy with my contrat with the Guard. 

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: 051019
Discharge Received:     Date: 051109   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: C Company, 3rd Battalion 13th Infantry Regiment, Fort Jackson, SC.   

Time Lost: AWOL, for a total of 122 days from (050401-050801).  He surrendered to the military authorities at Fort Sill, OK  73503-5100 

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820505  
Current ENL Date: 050304    Current ENL Term: 3 Years  20 Weeks/with a Moral Waiver
Current ENL Service: 0 Yrs, 4 Mos, 5 Days The applicant was placed on excess leave for a total of 97 days from (050805-051109).
Total Service:  0 Yrs, 4 Mos, 5 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM
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 5 August 2005, the applicant was charged with AWOL, from (1 April 2005 to 1 August 2005).  On 5 August 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 24 October 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, 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.  In view of the foregoing, the analyst  determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 July 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
The Board does not condone the applicant’s misconduct; however, determined that the characterization of service granted is inequitable.  The Board noted that the applicant was in entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty).  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 command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized.  Notwithstanding the propriety of the applicant’s discharge, after carefully examining the applicant’s record of service, hearing his testimony and considering the analyst’s recommendation and rationale, 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: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 13 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016219

Applicant Name:  Mr.       
______________________________________________________________________


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