Applicant Name:   

Application Receipt Date: 2008/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I served fourteen years in the army, and never had any disciplinary action during my service except for the incident that lead up to my discharge. Since, my discharge I've had gainful employment with Sams Club starting in October 2002. I entered the company as a tire sales team member, and worked my way into management within a year of service with the company. Since this time period I've had high performance reviews, and have received positive feedback from management regarding my dedication and discipline to my work. I have also held the one of the highest scores within the company when it comes to the department that I manage. The company ranks not only store sales, but also the division within the stores and their sales nationwide. Due to my hard work and dedication my request to transfer from the east coast to the west coast was rapidly approved, and I was highly recommended in my new region by my prior Regional Fresh Director. I feel that the experience that I received in the Military prepared for me the leadership role I now hold within the Sams Club Corporation. The personal growth and maturity I have can only be contributed to the training I received within the Military. Despite the incident that lead to my discharge; the lessons of self discipline and being able to get back on track despite a mistake can be traced back to my training. It instilled in me to never give up, but to continue with perseverance despite of the obstacles that may come before me. I have been asked by many how I'm able to stay focused and endure through many of the challenges that are presented in retail, and my answer is simple "I carry the training I received when I was in the military to respect those around me, to lead with conviction and heart and at all times to remain focus on the task at hand ". The incident that led to my discharge is not the true picture of the soldier that proudly served for fourteen years. My hope is that the above will show why I warrant the approval for a change in my discharge, and that the Army did develop a young boy into a productive citizen."

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: 000907
Discharge Received: 			   Date: 010319   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, Personnel and Support Bn, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK 

Time Lost: AWOL for  80 days (000619-000907), surrendered. 

Article 15s (Charges/Dates/Punishment): 990405, for being indebted to Cashback Catalog Sales in the sum of $112.50 for merchandise, which amount became due and payable on or about 31 January 1999; did at Fort Fort Hood, TX from 31 January 1999 to 25 February 1999, dishonorably fail to pay said debt; forfeiture of $407 pay, suspended, to be automatically remitted if not vacated before 2 October 1999, extra duty for 14 days, and restriction for 14 days.

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

Counseling Records Available: Yes    No 








IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 981204    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 17Days ?????
Total Service:  		13 Yrs, 10Mos, 17Days includes 189 days excess leave (000912-010319)
                                       

Previous Discharges: RA 870217-890828/HD
                                      RA 890829-920311/HD
                                      RA 920312-930311/HD
                                      RA 930312-940911/HD
                                      RA 940912-981203/HD

Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 63T10/Bradley Fighting Vehicle System Mechanic   GT: 103   EDU: HS GRAD   Overseas: Germany (870731-970226)   Combat: None
Decorations/Awards: ARCOM (2), NM, AAM (3), AGCM (3), NDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Murrieta, CA
Post Service Accomplishments: The applicant states he is a manager at Sam's Club.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 September 2000, the applicant was charged with AWOL (000619-000907).  On 13 September 2000, 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 a bad conduct discharge.  On  28 February 2001, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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.  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:  16 January 2009       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 2    No change 3
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 AR20080004087
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