Applicant Name:    

Application Receipt Date: 2008/02/27	Prior Review:     Prior Review Date: 2004/04/14   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states " When I enlisted in the Military in 2002, I did so while living with my immediate family.  When I left them, I knew of their drugs problems along with other things.  I thought my leaving to basic training would keep me from hearing about these problems at home.  When I was at home, I was the peace keeper, the babysitter if you will.  I was the parent figure trying to keep people out of trouble, bailing them out of jail, that sort of thing.  However, while I was in basic training, I was receiving letters almost 3 or 4 times a week about my family’s condition worsening without someone there to be the voice of reason.  

There is no excuse for going AWOL from the Army.  All I am trying to do is offer a reason.  I left Basic because I thought I could help my family.  I realize that I cannot and WILL NOT allow my family to affect my life anymore.  

All I can say is that however brief my stay in the Army was, I absolutely loved it.  Since the day that I left basic, I have wanted to come back.  My second day home, I called my recruiter and asked him how I could go back.  At that time I wasn’t able to get a cleat answer because everyone was telling me different things.  In the years since my departure form the Army, I went to and still am in college with 60 hours competed.  I have come to a realization over the years.  I want to serve in the army as a career soldier.  That is the only thing that I want to do with my life.  When I was in the Army, I served in the infantry.  If allowed this separation code upgrade, I wish to enlist back in the infantry and advance beyond that into jump school and beyond.  If allowed to re enlist, I wish to make my first enlistment no shorter than 4 years.  

I would also like to add that I have became a much more mature person that what I was when I left the army.  My time spent in college over there past couple of years have taught me several things about myself such as learning how to become a well developed leader.  I would like the honor of the Army fine tuning these skills that I have learned in the past couple of years.  

In closing, I wish to offer only one plea.  Allow me to be able to re enlist in the military and serve my country honorably.  I would like to thank you in advance for spending your time with this matter."  

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: 030228
Discharge Received: 			   Date: 030430   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, Personnel and Support Bn, USAFACFS, Fort Sill, OK 

Time Lost: AWOL, 153 days (020615-021114), 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:  21
Current ENL Date: 020501    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 06Mos, 28Days ?????
Total Service:  		0 Yrs, 06Mos, 28Days includes 146 days of excess leave (021206-030430); note: the applicant's DD Form 214 incorrectly listed 876 days excess leave 
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 111   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Allen, TX
Post Service Accomplishments: The applicant states that he has earned 60 hours of college credit since his discharge

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 December 2002, the applicant was charged with being AWOL (020615-021114).  On 5 December 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 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 31 March 2003, 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 submitted with the application, 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.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. Furthermore, the applicant was discharged under the provisions of Chapter 10, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial", and the separation code is "KFS."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 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: 2 February 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted one document in support of his application.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003934
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