Applicant Name:  ?????

Application Receipt Date: 2009/06/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "I am requesting a change to my discharge because I would like to be reconsidered for service in the Army. I had just left basic and begun my training  for Airborne when my grandmother died. I was very close to my grandmother and  her death affected me more than I realized. After my leave to attend her funeral I was cycled out of my regimen and was caught during the holidays at Ft Benning. 

I had lost my grandmother and then lost my friends that I had been training with. I began a very distructive cycle and ended up leaving over the holidays and eventually not returning. I offer no excuse for this behavior but would like to be re-evaluated for an upgrade. Over the last months I have come to understand that I truely want to serve in the Army and have begun the process to get back to where I should be. 

I have always wanted to serve in the military and will try everything that I can to change my classification. If given the chance to re-enlist I fully intend to serve honarably for the rest of my career. I accept that I did not live up to either the Army's or my expectations but would plead with the review board to give me a second chance to prove that I can and will fufill my obligation to the Army. Since my discharge 

I have been diligent in working to support myself and keeping myself fit and ready to re-enlist. I do not do any type of drugs, have not been arrested  for any reason and will continue to hope that the board will consider upgrading my disharge. I have been in close contact with my local recruiter and he has  helped me with my application to this board. I remain hopeful that I will receive a positive response. Please contact me if I can provide any further information." 


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: 080402   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC 1st Battalion, 507th Parachute Infantry Regiment, 11th Infantry Regiment, Fort Benning, GA 

Time Lost: AWOL x 1, for 65 days from (071122-080125). The applicant was apprehended by the civilian authorities at San Marcos, TX, and was transferred to Fort Knox, KY

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070628    Current ENL Term: 4 Years  17 Weeks
Current ENL Service: 	0 Yrs, 7 Mos, 1 Days The computation includes 55 days of excess leave from (080208-080402)
Total Service:  		0 Yrs, 7 Mos, 1 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 124   EDU: HS Grad   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 applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record does contains a DD Form 4187 (Personnel Action) indicating the applicant's duty status was changed from present for duty (PDY) to absent without leave (AWOL) and a DD Form 616 (Report of Return of Absentee).  
       
       Further, the record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."   

       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 available military records and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant and the DD Form 4187 (Personnel Action) indicating the applicant's duty status was changed from present for duty (PDY) to absent without leave (AWOL), and a DD Form 616 (Report of Return of Absentee).  
       
       The DD Form 214 shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  
       
       Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. 
       
       In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. 
       
       The analyst noted the applicant's issues  regarding his family problems and wanting to reenter the military; however, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief while on active duty, without committing the misconduct, which led to the separation action under review. 
       
       Further, 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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 26 March 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 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 AR20090010483
______________________________________________________________________________


Page 2 of 3 pages