Application Receipt Date: 070430	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he voluntered for the US army wanting to give it his all. Upon his arrival to basic training family issues that he thought would not affect his ability to train became more than he could deal with. First his wife who he had been with for six years was emotionally unstable then he come to find out his father had lost his house due to a bad drug addiction and was living on the streets and in an out of jail. So in conjuction with all of the issues he was facing he was no longer able to continue training with his platoon. So instead of putting his life and others at risk who would be depending on him, he had to withdraw from the army. He feels that his separation was unjust considering he only completed fours weeks of training. Not only does he has to deal with his family issue, he has to deal with the type of discharge that he received and have it over his shoulders for the rest of his life. He feels that the army had no compasion for his situation and offered no help for him. Since his separation from the army he has been working on his bachelors degree in emergency management at Empire state college and has completed over 45 semester hours through fema and recieved an award for excellence. He would like to request that his military status be changed so that he can continue to persue a career that would allow him to help others.  He also feel that his discharge does not reflect his character at all and people do not give him a fair chance when they find out what his discharge is. Thank you for your time, I hope that we can reslove this problem so it does'nt affect me for the rest of my life.   

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: 060727
Discharge Received:     Date: 060816   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Company K, 3rd Battalion, 81st Armor, 1st Armor Training Brigade, Fort Knox, KY 40121-5238. 

Time Lost: AWOL x 1 for 185 days (060105-060708). He was apprehended by the civilian authorities. 

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810509  
Current ENL Date: 051115    Current ENL Term: 3 Years  20 Weeks
Current ENL Service: 0 Yrs, 2 Mos, 28 Days The applicant was placed on excess leave for 34 days (060714-060816).
Total Service:  0 Yrs, 2 Mos, 28 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 


Post Service Accomplishments:  The applicant states on his DD Form 293 that since his separation from the Army he has been working on his bachelor’s degree in emergency management at Empire State College and has completed over 45 semester hours through FEMA and received an award for excellence.    










VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 13 July 2006, the applicant was charged with AWOL from (060105-060709).  On 13 July 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 unit commander recommended approval of an under other than honorable conditions discharge.  On 1 August 2006, 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, document 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 analyst noted the applicant's issue and 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 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: 25 April 2008              
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 0    No change 5   - 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:, 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: 30 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070006193

Applicant Name:           
______________________________________________________________________


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