Applicant Name:  ?????

Application Receipt Date: 2008/07/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "The reason that I am applying for an upgrade to the characterization of my discharge is because I am 100% committed to serving in the Army and want to make every effort possible to return to duty. I recognize that I have made a grievous error and done a tremendous disservice to my country. Despite the mistake that I have made I truly believe that I can make a contribution as a soldier in the United States Army. I also believe that the reason for my separation from the military was based on a one-time issue and a poor decision made under pressure from family. These matters have been completely resolved and my commitment to the Army reaffirmed.

I began Infantry OSUT in September 2007 at Ft. Benning, GA, training with 3rd plt, C co. 2/58, 198th ITB. I performed above average in all areas including PT, marksmanship, platoon leadership and tactical training, eventually receiving an OCS recommendation from the CO. I thrived in BCT and was looking forward to beginning a career in the military. I had a tremendous amount of respect for the company leadership, my drill sergeants, and my fellow trainees. I completed 12 weeks of training and was 2 weeks away from graduating and attending the BAC course at Ft. Benning when we returned home for Christmas Exodus.

Upon return I was met with immediate pressure from friends and family to not return to complete my training. The stress of returning home after several months of intense training, the immense emotional turmoil felt when reuniting with loved ones and other external pressures caused me to feel disoriented and torn between to duty to my country and to my family. Under this pressure I made the absolute worst decision I've ever made in my life – the decision was to side with my family and not report back to duty. 

Here, I do not wish to make excuses. I understand that I have to accept responsibility for my actions, no matter how irresponsible or reprehensible those actions are. I made a terrible decision under intense pressure, but it is a decision that I would never make again, under any circumstances. I’ve come to the realization that a soldier's sacrifice is great and often affects family - I understand this, appreciate it, and am willing to make that sacrifice in order to serve my country. 

I am writing with the sincere hope that the board will consider changing the characterization of my discharge so I may re-enter the Army, whether it be AD or NG, and continue to serve my country. Although it has only been a short period of time since my discharge I believe that I am more than prepared - mentally and physically - to return to the Army. 

I also believe that everyone deserves a second chance. Aside from this terrible error, throughout my young life I have been a contributing citizen and a patriot. I have no legal record, I graduated with a degree in political science from the University of Wisconsin, I currently work a full-time academic staff position with the University and I push my self physically everyday. I strive to be a good citizen and have a strong desire to contribute to our nation's well being. I believe without a doubt that I can make the greatest contribution within the U.S. Army.

I'm realistic, and am willing to accept the consequences of my actions but I also want to make every effort to return to the military and serve my country. I plead with the board to allow me a second-chance, to allow me to serve the United States, to allow me to be a soldier again. I am willing to make whatever sacrifices needed and put in any amount of work required, I simply want to be given a second chance.

I greatly appreciate you taking the time to consider my appeal".


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: 080310
Discharge Received: 			   Date: 080509   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Co, 2nd BN 58th IN, Ft Benning, GA 

Time Lost: AWOL x1 for 91 days (080107-080406), 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:  27
Current ENL Date: 070919    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 04Mos, 21Days Excess leave (080411-080509) 29 days
Total Service:  		0 Yrs, 04Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B/ Infantryman   GT: 137   EDU: College Graduate   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  La Crosse, WI
Post Service Accomplishments:  The applicant states that he graduated with a degree in political science from the University of Wisconsin and he currently works a full-time academic staff position with the University.  The applicant provides no supporting documents.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 April 2008, the applicant was charged with being AWOL (080107-080406).  On 10 April 2008, 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 18 April 2008, 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 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, 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.  The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Therefore, the analyst determined 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: 10 June 2009         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 1    No change 4
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011239
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