Applicant Name:  

Application Receipt Date: 2009/01/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, "i made alot of mistakes and i have learned over the years.i have changed my life and i want to go  in the national guard.i have got married and have to kids.i work for a mobile dental company that goes to nursing homes and i get to work with elderly people.i love my job and the people i get to see. i want to go back to school and make something more out of myself. i know what i did was very wrong and i have learned from this all i ask is please give me the honorable discharge that i am asking for. i am so imbarresed for what i did i lovedthe military and i made a bad choice.please give me a chance to right my wrong i want my family to be proud of me. i have given back to the community and i help out wherever i can. i want to go back in to serve my country and show myself and people that im not the same as i was. i would give my life for this country that i live in.i am asking for my diginity back. i want a chance to prove myself. please look at my record and you will see that i was a good soldier just made a bad choice and if given the chance i would work harder than ever. i want to be able to hold my head up high and know that i served my country. please give me the honorable discharge. i want my kids proud of me.i know that this is asking a lot but please find it in your hearts to approve this. i cant even be a firefighter because of this something that i would love to do. the job i have now makes me very happy helping elderly people . so please approve this for me so i can improv. thank you for everythinge my life.please i want a better life for my children"

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: 940606
Discharge Received: 			   Date: 940718   Chapter: 10    AR: 635-200
Reason: In Lieu of Court Martial	   RE:     SPD: KFS   Unit/Location: B Co, 3/502nd Inf Regiment, Ft Campbell, KY 

Time Lost: AWOL x4 (940204-940219), (940225-940313), (940321-940322) surrendered & (940325-940527) apprehended by civilian authorities, total of 99 days

Article 15s (Charges/Dates/Punishment): 940324, AWOL on or about 940225-940314, reduced to E1, forfeiture of $416 pay for two months and extra duty for 60 days (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 900820    Current ENL Term: NIF Years  ?????
Current ENL Service: 	3 Yrs, 07Mos, 21Days ?????
Total Service:  		3 Yrs, 07Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B/Infantryman   GT: 100   EDU: NIF   Overseas: Hawaii, Egypt   Combat: None
Decorations/Awards: AAM x2, AGCM, NDSM, HSM, MFOM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Dickson, TN
Post Service Accomplishments: The applicant states, "I work for a mobile dental company that goes to nursing homes and I get to work with elderly people".

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 June 1994, the applicant was charged with being AWOL (940325-940328 and 940321-940323)).  On 6 June 1994, 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 27 June 1994, 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.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Further, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: 23 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 AR20090001835
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