Applicant Name:  ?????

Application Receipt Date: 2009/04/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that "After reviewing my discharge from the US Army in October of 1994, I came to realize that there were some erroneous information entered on my DD Form 214. The first is that I was reported AWOL during two separate times with only a couple days in between. The AWOL was for one continuous time frame and not multiple periods from 940812-940825. Prior to my going AWOL I had requested counseling with my local pastor on base and was refused by the Platoon Sergeant, even though my Section Leader agreed that I needed to get this counseling  for personal issues that were causing my poor choices that I readily admit to. I was subject to an Article 15 for refusing to obey the Platoon Sergeants orders to deploy to the field, even though I had an appointment with my pastor at the base church. This was a routine deployment to fire on base for a training unit and our unit, 2nd BN, 2nd FA was non-deployable for purposes of combat, due to the training nature of our mission. During my time in service in Germany at 2nd BN 3rd FA, I received a waiver for promotion to E-4 and accumulated 4 Army Achievement Medals. I believe that with the wrong information entered on my DD214 and the lack of leadership by the Platoon Sergeant in 2nd BN 2nd FA, that if given the opportunity to get help from the Army's resources, I would not have been forced out under a chapter 10 and could have been able to finish out my 4 year obligation with the possibility of re-enlistment. I request that my discharge of other than honorable be upgraded to Honorable Discharge based on these points above. I know that conduct after the separation date typically does not account for consideration, but I have been employed by Best Buy since 2001 as a Field Manager and am currently married with 4 great children. Thanks for your time and consideration of my application."

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: 940927
Discharge Received: 			   Date: 941017   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, 2/2th FA, Fort Sill, OK 

Time Lost: AWOL x 2 for a total of 13 days; 3 days (940812-940814), apprehended; 10 days (940816-940825), apprehended.

Article 15s (Charges/Dates/Punishment): The unit commander's recommendation memorandum makes reference to the applicant having two Article 15's, however, copies of the documents were not found in the available records.

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 910709    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 02Mos, 24Days ?????
Total Service:  		03 Yrs, 02Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 105   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM-4, ASR, OSR

V.  Post-Discharge Activity
City, State:  Los Banos, CA
Post Service Accomplishments: The applicant states that he has been employed by Best Buy since 2001 as a Field Manager.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 1994, the applicant was charged with AWOL x 2 (940812-940815 and 940816-940826).  On 1 September 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 an under other than honorable conditions discharge.  The unit commander and intermediate commander recommended approval of an under other than honorable conditions discharge.  The separation authorities approval memorandum approving the discharge with an under other than honorable conditions discharge is not contained in the available record and the analyst presumed government regularity in the discharge process.  On 21 October 1994, DA, HQ, US Army Field Artillery Center and Fort Sill, Fort Sill, OK, Orders 285-14, discharged the applicant from the Regular Army, effective date: 17 October 1994.
       
       The applicant's record contains a Bar to Reenlistment Certificate dated 23 June 1994.

       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 and the issues he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  While the applicant’s misconduct is not condoned, the analyst found that the overall length and quality of the applicant’s service, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 January 2010         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 2    No change 3
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 AR20090005618
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