Applicant Name:  ?????

Application Receipt Date: 2008/09/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "Good day.  I come to you today in an effort to have my discharge classification changed from 'under other than honorable conditions' to 'under honorable conditions' or 'general'.  I served in the US Army with honor and valor.  When I returned from Qatar in 1998 I was assigned to USARB Great Lakes, Lansing MI.  There I handled all aspects of an S1.  I was due to reenlist and felt that it was time for me to enter the civilian work force.  I asked for the support of my command and received it from my commander LTC but not from my CSM.  I began putting feelers out there to see what type of position I could get in the civilian work force and found one.  I quickly put in my DA4187 to ETS in lieu of re-enlistment.  This packet was approved and orders were cut.  My CSM was on leave and when he returned and found out I had outprocessed, he became angry because I went above his head to accomplish what I wanted for me.  He had my orders revoked by 3D Rctng Bde and I went into an AWOL status.  I was picked up in 2000 by the police and flown to Ft Knox to be out-processed for being AWOL-dropped from the rolls.  This incident should have never occurred.  It all happened because I made a decision that contradicted what my CSM wanted and now I have a permanent blemish on my military record.  I am now interested in applying for CPO positions in the personnel field to once again provide a service to soldiers that defend our nation and obviously I can't do this with a dd214 that states that my seperation is characterized 'under other than honerable conditions' and it was 'in lieu of a general court martial'.  I pray this board views this account as a misunderstanding and change my dd214 item 24, character of service.  Many thanks."

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: 020116
Discharge Received: 			   Date: 020204   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: USARB, Great Lakes, Lansing, MI 

Time Lost: AWOL for 692 days (990823-010716), apprehended.

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:  28
Current ENL Date: 980306    Current ENL Term: 2 Years  retained in service 10 days for the convenience of the Government per AR 635-200.
Current ENL Service: 	02 Yrs, 00Mos, 02Days ?????
Total Service:  		10 Yrs, 10Mos, 06Days includes 200 days of excess leave (010720-020204)
Previous Discharges: 	USAR-881011-890523/NA
                                       ADT-890524-890923/UNC
                                       USAR-890924-900912/NA
                                       RA-900913-950605/HD
                                       RA-950606-980305/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 71L20 Administrative Spec   GT: 102   EDU: HS Grad   Overseas: Germany/Qatar   Combat: None
Decorations/Awards: ARCOM, AAM-3, AGCM-3, NDSM, NCOPDR-1, ASR, OSR-2, 

V.  Post-Discharge Activity
City, State:  Southfield, 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 19 July 2001, the applicant was charged with AWOL from (990823-010716).  On 9 July 2001, 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 25 January 2002, 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 during the period of enlistment under review, the issues and document 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 considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade of the characterization of service.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In view of the foregoing, 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: 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 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013863
______________________________________________________________________________

Page 1 of 3 pages