Application Receipt Date: 070509

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of support.

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: NIF
Discharge Received:     Date: 020920
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: B Company, 2nd Battalion, 13th Infantry Regiment, 1st Basic
Combat Training Brigade, Fort Jackson, SC

Time Lost: Absent without leave for a total of 415 days (010627-020815).
Applicant surrendered to military authority at Fort Detrick, MD and
transferred to Fort Knox, KY.

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

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  660515
Current ENL Date: 010322    Current ENL Term: 03 Years       
Current ENL Service: 00 Yrs, 04Mos, 04Days (Includes 28 days of excess
leave 020824-020920)
Total Service:  00 Yrs, 04Mos, 04Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: 103   EDU: GED   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 21 August 2002, the applicant was
charged with going AWOL from 27 June 2001 to 16 August 2002.  On 21 August
2002, 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 she understood that she could receive a 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 her 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.  On 4
September 2002, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged with a
characterization of service of under other than honorable conditions.

      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, the
issue and documents she 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 Board does not grant relief solely for the purpose of gaining
employment or enhancing employment opportunities.  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: 6 August 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 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: Eric S. Moore, 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:


MARY E. SHAW                      DATE: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder