Applicant Name:  ?????

Application Receipt Date: 2008/08/20	Prior Review:     Prior Review Date: 2005/02/07

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 990922
Discharge Received: 			   Date: 000119   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 1/19 FA Bn, Ft Sill, OK 

Time Lost: AWOL x 3 for 91 days, (990629-990702, 990704-990805, 990807-990921) 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: 990604    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 06 Mos, 01 Days 118 days of excess leave (990924-000119)
Total Service:  		00 Yrs, 06 Mos, 01 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 109   EDU: HS   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Euless, TX
Post Service Accomplishments: See enclosed attachment for complete description.  His summary follows: "I will bring many documents from co-workers, my current and former employer, my college transcript, proof of employment over the past seven plus years, some of my accomplishments as well as a crime free police record."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 September 1999, the applicant was charged with being AWOL X 3 (990629-990702, 990704-990805, 990807-990921).  On 23 September 1999, 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 14 December 1999, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 

       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 issues submitted with the application, the analyst found that the characterization of service granted is too harsh and as a result inequitable.  The analyst noted that the applicant was in entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty).  The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  In essence the applicant’s separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service under other than honorable conditions or to describe it as uncharacterized.  Notwithstanding the propriety of the applicant’s discharge, the analyst recommends to the Board that the applicant’s service should now be described as uncharacterized.  However, the reason for discharge remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 January 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: Yes

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 characterization of service granted is too harsh and is now inequitable due to his post service community service, exemplary college accomplishments and the circumstances surrounding his absence from the service.  Notwithstanding the propriety of the applicant’s discharge, the Board concluded that the applicant’s service should now be described as uncharacterized.  Accordingly, the Board voted to grant partial relief by changing the description of the applicant’s service to uncharacterized.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.














        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013366
______________________________________________________________________________


Page 1 of 3 pages