Applicant Name:  ?????

Application Receipt Date: 2008/01/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect, "I was young and stupid did not realize I was making the biggiest mistake of my life. Iwas up set when I came home on leave and my leave paper had one date and the army was expecting me back sooner so that had be down as absence from roll I called explain they just told me to return and the drill Sgt. calls me at home tells me once I get back down there I was going to prison for 20 years I was young and scared so I freaked out and did not return. An NCO from the P.C.F. station at Fort Knox Kentuckey calls me comes me down tells me to report to Fort Knox and everything will be fine I did so I was in a room they said you can stay or go I was young and stupid I said if you can mess up on my leave papers then I want no part of this I want out they explained to me that they are discharging me under other than Honorable conditions and later down the road I could have a chance to come back. I am 31 years old now married with 5 kids i have been through a lot I beg you to please see I have grown up and Iam begging for another chance I want to be somebody for my kids ,wife and myself Iam doing this at the National Guard Station desk in Wyoming,Michigan Iam ready and commited to serve the rest of my life in the service and die for my country please see I was young and stupid I have raised myself I had no guidance Iam older wiser I feel there is nothing out here for me I need the service its my life. Please change my discharge to Honorable so I can enlist in the National Guard and make a carrer out of the Guard Please give me one more chance Isware on my life I will not let the Goverment dowm thank you."

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: 970203
Discharge Received: 			   Date: 970425   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: D Co, 187th Ord. Bn, Fort Jackson, SC 

Time Lost: 387 days, AWOL x 2 (960109-960909 and 960910-970130), 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:  19
Current ENL Date: IADT 970425    Current ENL Term: 00 Years  21 weeks
Current ENL Service: 	00 Yrs, 05Mos, 25Days Includes 81 days of excess leave (970204-970425)
Total Service:  		00 Yrs, 07Mos, 05Days Includes USAR Inactive Service
Previous Discharges: 	USAR 950823-970425/NA (Concurrent Service)
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 84   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  Wyoming, MI
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 February 1997, the applicant was charged with being AWOL x 2 (960109-960909 and 960910-970131).  On 3 February 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 the Chapter 10 request with an under other than honorable conditions discharge.  On 10 April 1997, 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 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 that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.   Additionally, 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.  Therefore, the analyst determined 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: 14 November 2008         Location: Washington, D.C.

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			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001423
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