Applicant Name: ?????

Application Receipt Date: 07/07/10	

Prior Review    Prior Review Date: None

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

Issues: I received an other than honorable discharge in lieu of court martial for going AWOL.  I turned myself in after several months with desire to straighten the mess I had created.  I was 21 years old when this incident occurred.  This action is one of my most regrettable decisions.  I was married at the time I enlisted and was involved in a mentally and emotional abusive relationship. There were 2 children born of this marriage and since the time of discharge I have divorced my husband.  I feel that I was under his influence and the strain of trying to make an impossible marriage work.  I enjoyed my military experience and was appointed squad leader in basic training and also received a 299 on my PT test.  I excelled in the army life and my husband hated me for it.  He did not want me to be in the army and treated me very badly until I caved into his desire for me to leave.  Since I have left the army I divorce my husband, obtained a 2 year associated degree in Paralegal studies and have had 2 children.  I work and support the children without any assistance from their father (my ex-husband).  This other than honorable discharge is a huge black mark on my record.  I am in the process of trying to fix and organize my life after surviving a terrible and abusive marriage.  I am working on my credit report, and I am also attending college with the goal of obtaining a bachelor in nursing.  I plan to combine my paralegal and nursing degree and either work in hospital administration or for a medical malpractice lawyer.  I ask that the U.S. Army have mercy on my disobedience and grant the desired discharge upgrade.  I am truly sorry and regret my actions.  Knowing what I know now I wish that I had chosen the army and left my husband.  I do regret my actions and hope that the review board will show compassion to my situation.

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: 040325
Discharge Received:     Date: 040820   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial. 
RE:     SPD: KFS
Unit/Location: C Co., 73rd OD BN, Fort Gordon, GA 

Time Lost: AWOL for 256 days (030708-040320), surrendered.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8205  
HOR City, State: Jackson, MS
Current ENL Date: 021105    Current ENL Term: 4 Years  ?????
Current ENL Service: 01 Yrs, 01Mos, 00Days Includes 148 of XLV (040326-040820)
Total Service:  01 Yrs, 01Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: None   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: Completed a two year associate degree in Paralegal.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 25 March 2004, the applicant was charged with being AWOL (030707-040320).  On 26 March 2004, 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 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 her own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 24 June 2004, 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 issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record indicates that 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 the 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 determines 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: 11 July 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 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.  

								        
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: 11 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009630
______________________________________________________________________


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