Applicant Name:  ?????

Application Receipt Date: 2009/01/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "When I went into the army I was 20 years old and I really didn't know what I wanted out of life. I was out of a job and had my second child on the way and at the time the 20,000 sign on bonus sounded real good, but I was still unsure so I decided to try the National Guard that way if I didn't like it I only had to do it part time. After I left for bct I really loved being in the army. It was hard at first but after a few hard weeks of pt it got easier. When I was in the 7th week of bct I recieved a red cross message that my wife had our baby girl I finly got to see her at my BCT graduationt. It was then my wife and me talked and she told me that she was usure that the child was mine and that she didn't know if she wanted to be with me. I tryed to put it behind me so I could finish AIT but I couldn't. I went Awol in my 3rd week of AIT and I came home to work things out but we couldn't.  We finly filed for divorce and I can't get it off my mind of how things would of turned out for me if I would have stayed in the Army. I would really love a second chance to serve. It doesn't matter what type of upgrand I recieve as long as I can get back in. I want to go active as a MP and would like to make a career out of it. I'm tired of always loseing and being a nobody.  For me being in the army would really make my life better. I'm engaged to a woulderful girl and I really want a better start for my family and for my children to have a better future. I know I messed up but if I could get another chance I could really do some good for my family and for my country".

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: 070921
Discharge Received: 			   Date: 080521   Chapter: 10    AR: 635-200
Reason: In Lieu of Court-Martial	   RE:     SPD: KFS   Unit/Location: Co B, 58th Trans BN, 3rd Chem BDE, Ft Leonard Wood, MO 

Time Lost: AWOL (070822-080412) 235 days, 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:  21
Current ENL Date: 070411    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 05Mos, 20Days ?????
Total Service:  		1 Yrs, 02Mos, 13Days ?????
Previous Discharges: 	ARNG 061228-070921/UNC
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: 96   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 September 2007, the applicant was charged with being AWOL (070822-080413).  On 24 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 12 May 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 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.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 21 October 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000687
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