Applicant Name:  ?????

Application Receipt Date: 2008/11/07	Prior Review:     Prior Review Date: Records Review/(070625)

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

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

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: NIF
Discharge Received: 			   Date: 040622   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court Martial	   RE:     SPD: KFS   Unit/Location: Rear Detachement, 3rd Squadron, 3d Armored Cavalry Regiment, Fort Carson, CO 

Time Lost: Item 29, "Dates of Time Lost" of the applicant DD Form 214, does not annotate any lost time.  However, the applicant was AWOL-4 days from (031004-031007), applicant returned to unit; AWOL-17 days from (031118-031204), applicant turned himself into a mental institution in Louisville, KY; Confinement Civil Authority-15 days from (031204-031219), Confinement Military Authority-3 days from (031219-031222), and again AWOL-87 days from (031230-040326), applicant's mode of return to military control NIF.  The applicant was AWOL for a total of 108 days, and confined for a total of 18 days. 

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:  24
Current ENL Date: 000329    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 06Days Item 12c, "Net Active Service" on the DD Form 214, for this period is incorrect, should read 10 yrs, 07 mos, 12 days.  Item 12d, on the DD Form 214, "Total Prior Active Service" is incorrect, should read 5 yrs, 01 mos, 5 days.  Item 12e, on the DD Form 214, "Total Prior Inactive Service" is incorrect, should read, 1 yrs, 07 mos, 00 days.  
Total Service:  		10 Yrs, 07Mos, 12Days ?????
Previous Discharges: 	RA-930723-960722/HD
                                       USARCG-960723-961007/NA
                                       ARNG-961008-980223/NA
                                       RA-980224-000328/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (030315-030914)
Decorations/Awards: BSM, ARCOM, AAM-3, AGCM-2, NDSM-2, GWOTEM, GWOTSM, KDSM, ASR, OSR, NM, ALB

V.  Post-Discharge Activity
City, State:  San Antonio, TX
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 April 2004, the applicant was charged with AWOL x 3 (031004-031007, 031118-031204, and 031230-040326), and wrongful use of methamphetamines, between on or about (031004 and 031008). On 30 March 2004, 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 would receive an under other than honorable conditions discharge and that the discharge would have some effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The applicant's unit and intermediate commanders recommended disapproval of the request for discharge in lieu of trial by court-martial with an under other than honorable conditions discharge.  On 23 April 2004, the separation authority disapproved the request for discharge in lieu of trial by court-martial.  On 26 May 2004, again 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. The applicant submitted a statement in his own behalf.  The applicant's intermediate and senior commanders recommended approval of the request for discharge in lieu of trial by court-martial with an under other than honorable conditions discharge.  On 8 June 2004, the separation authority approved the discharge and directed that the applicant be separated from the Army with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       Further, the analyst noted that the applicant's characterization of service was upgraded by the Army Discharge Review Board to "General, Under Honorable Conditions" on (070625) and was issued a new DD Form 214.

       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 documents 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 noted the applicant's issues to include his character reference letters and the Department of Veterans Affairs decision documents in reference to his Post Traumatic Stress Disorder, however, the analyst did not find said issues sufficiently mitigating to warrant an upgrade of the discharge under review.  In view of the foregoing, 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: 26 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted one additional document in support of his personal appearance hearing.

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, 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080018202
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