Applicant Name:  ?????

Application Receipt Date: 2009/06/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, that his discharge is inequitable because it was based on one isolated incident in the 24 months he served. He believes it affects his personal business opportunities and to find other ways to provide for his country and the ability to further or benefit his future to secure his family. 

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: 011108
Discharge Received: 			   Date: 011219   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 82nd Replacement Detachment, Fort Bragg, NC 

Time Lost: AWOL x 1, for 30 days (000628-000727). The applicant surrendered to the military authorities at Fort Bragg, NC and was transferred to Fort Knox, KY. 

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: 980910    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 2 Mos, 10 Days The computation includes 503 days of excess leave from (000804-011219)
Total Service:  		3 Yrs, 2 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 109   EDU: HS Grad   Overseas: Korea (990602-000601)   Combat: None
Decorations/Awards: NDSM, ASR, OSR

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 3 August 2000, the applicant was charged with AWOL from (000628-000728).  On 3 August 2000, 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.  On 5 December 2001, the separation authority approved the discharge 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 determined that the discharge is improper.  The evidence of record shows that the applicant was absent without leave (AWOL) for exactly 30 days and was not eligible for a Chapter 10 because he was not AWOL more than 30 days.  A Chapter 10 requires an offense carrying a possible punishment of a Bad Conduct Discharge (BCD) or a Dishonorable Discharge (DD). 
       
       In the case of an AWOL, that would require an absence of more than 30 days.  In view of the foregoing, the analyst recommends to the Board that the applicant’s discharge be changed to “Misconduct (AWOL),” under the provisions of “Chapter 14, paragraph 14-12c (1), AR 635-200” with a characterization of service of “General, Under Honorable Conditions” and a corresponding separation (SPD) code of “JKD.” This action entails a change to the Reentry Eligibility (RE) Code to “3” and a restoration of grade to "E-4/SPC."   
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None




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 and is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to "general, under honorable conditions" and change the narrative reason for separation to “Misconduct (AWOL),” under the provisions of “Chapter 14, paragraph 14-12c (1), AR 635-200," with a corresponding separation (SPD) code of “JKD.”  This action entails a change to the applicant's Reentry Eligibility (RE) Code to “3” and a restoration of grade to "E-4/SPC."   






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 3    No change 2
(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: "Misconduct (AWOL)" with a corresponding separation (SPD) code of “JKD”, under the provisions of "Chapter 14, paragraph 14-12c (1), AR 635-200." 
Other: None										
RE Code: 
Grade Restoration:   No   Yes   Grade: SPC/E-4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010326
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