Applicant Name:  ?????

Application Receipt Date: 2009/10/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states; "DEAR SIR OR MADAM I WAS YOUNG AND VERY STUPID FOR WHAT I DID I WAS HAVING MARITAL PROBLEMS AND STATIONED AT FORT HOOD TEXAS JUST RETURNING FROM A HARDSHIP TOUR IN KOREA AND MY WIFE LEFT ME AND WENT BACK TO OHIO WITH OUR NEW DAUGHTER AND AT THE TIME I DID EHAT I THOUGHT WAS RIGHT AND WENT TO SEE IF I COULD SAVE THE MARRIAGE TO NO AWAIL SO THEEFOR I WAS AWOL AND DROPPED FROM ROLLS I WOULD VERY MUCH LIKE TO GET MY DISCHARGE UPGRADED IN ORDER TO REINLIST AND SERVE MY COUNTRY DURING THIS TIME OF NEED IN OUR COUNTRY I KNOW IT DOES NOT MATTER NOE BUT I PROMISE I WOULD NEVER GO AWOL AGAIN FOR ANY REASON AND I HOPE YOU LOOK AT MY FILE FOR THE TIME I WAS IN THE ARMY I WAS A PERFECT SOLDIER I WAS A E-3 WHEN I GRADUATED BASIC DUE TO ME BEING EIA EXCELENCE IN ARMOR AND I QUICKLEY GOT MY E-4 WHILE I WAS ACTIVE I WAS THE YOUNGEST GUNNER IN MY BATALION TO RECIEVE TOP TANK AWARD AT LIVE FIRE PLEASE CONSIDER MY REQUEST."

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: 021204
Discharge Received: 			   Date: 021218   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HQ & HQ Company, 38th Battalion, 67th Artillery Battalion, Fort Hood, TX 

Time Lost: AWOL x 2 for a total of 1,093 from (991123-000424) for 154 days, the applicant was apprehended by the civilian authorities at Marion, OH and was transferred to Fort Knox, KY; AWOL from (000428-021122) for 939 days, the applicant was apprehended by the civilian authorities at Marion, OH and was transferred to Fort Knox, KY.  Total time lost was 1,093 days.

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:  22
Current ENL Date: 980210    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 10 Mos, 11 Days The net active service this period on the DD Form 214, block 12 c is incorrect; should be: 1 Year, 10 Months and 11 Days, as annotated above.  See the DA Form's 4187 and the charge sheet DD Form 458.
Total Service:  		1 Yrs, 10 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 100   EDU: GED Cert   Overseas: Korea (980624-990623)   Combat: None
Decorations/Awards: 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 December 2002, the applicant was charged with AWOL x 2 from (991123-000425; and 000428-021123).  On 3 December 2002, 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 9 December 2002, 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 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 that he was young and very stupid for what he did and was having marital problems; he was stationed at Fort Hood TX, and was just returning from a hardship tour in Korea.  His wife left him and went back to Ohio with his new daughter.  He would like to reenlist and serve his country again. 
       
       The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 
       
       Further, the applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, family assistance program), 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 “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Additionally, the narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial” and the separation code is "KFS" with a reentry eligibility code of "4."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26 and reentry code entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       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: 11 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change








Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090018188
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