Applicant Name:  ?????

Application Receipt Date: 071018	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: When I was enlisted I began in the Texas national Gaurd.  I was honorably discharged from there to Active Duty.  When I came home on leave I had family issues and being young did not address my situation and did not return as promised.  This was a grave mistake.  I drove myself to Fort Sill and turned myself in and really wanted to stay but they stated I would have to wait two years.  I have in the past 7 years went to college recieved my Paramedic and instructed many courses for the  American Heart association and have even been a Flight Medic for sometime.  I have remained out of trouble and extremly embarrased by this and would like to reenlist in the National Gaurd or Reserves no with my knowledge base being that I was also a 91B/Medical Speacialist.  I regret that I dishonored my country and now being a productive citzen of the world and a father.  I would like a Fire Department job and with this on my record it hurts my chances bad.  I ask that my request be looked into.  I am not looking to obtain benefits just clean up my background.  I thank the Board for their time.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 970923
Discharge Received: 			   Date: 971016   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHT, 4-7 CAV, APO AP 96251  

Time Lost: AWOL for 187 days (970107-970713), surrendered. 

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 960724    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 15 Days ?????
Total Service:  		02 Yrs, 00 Mos, 09Days Includes 91 days of excess leave (970718-971016).
Previous Discharges: 	ARNG-940218-940320/NA
                                       ADT-940321-940425/UNC
                                            (Break In Service)
                                      ARNG-950607-950717/NA
                                      ADT-950718-951207/UNC
                                      ARNG-951208-960723/HD 
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 91B10 Medical NCO   GT: 121   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Jacksboro, TX
Post Service Accomplishments: The applicant claims he is a paramedic, has instructed classes for the American Heart Association and has been a flight medic for awhile. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 July 1997, the applicant was charged with AWOL (970107-970714).  On 17 July 1997, 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 30 September 1997, 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 available military records during the period of enlistment, the issues and documents he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for 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.  Additionally, the analyst noted the many accomplishments outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the narrative reason for discharge remains both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 September 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014410
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