Applicant Name:  ?????

Application Receipt Date: 2009/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "While on deployment I was engaged to a my girlfriend and was going to marry her upon
my return home from the war in Iraq. During the month of November 2007 I was scheduled for my rotation of leave by the unit I was attached to in Iraq. Upon returning to my home in San Diego ,California. I was excited to pay a visit to my
bride to be. When I went into the secured apartment were she resided to sign-in I was informed that she had passed away for a sudden illness. I was devastated to say the least upon hearing of her death. I felt lost and alone and needed to find some closure to such tragic news. I was not a drinking man at the time and hadn't been for quite some time. I thought I would find the some closure in a bottle of alcohol. I was terribly wrong. I drank myself to the point that I lost track of all time. Before I knew it my time to return back to the war zone in Iraq had lapsed over 30 days, at which time I sobered up and contacted the units chain of command. I informed them that of my intentions of turning myself in at the nearest military installation.  Which I did immediately. I spent the rest of my deployment at Fort Sill , OK. At the
Process Control Facility(PCF). This letter is sent with the following information regarding my girlfriends death. Please contact me at anytime if further information is needed in order to assist in making your decision in regards to my discharge status, which I am hoping and praying to have upgraded. I received my 20 years letter of eligibility for retirement upon returning home from active duty. I was a national guardsman for the state of California at the time of my deployment. I was informed by the retirement personnel whom I contacted at the retirement facility, that I would need to have my discharge upgraded in order to receive my retirement benefits."

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: 080403
Discharge Received: 			   Date: 080530   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 160th IN Det (LRS), Camp Slayer, Iraq 

Time Lost: 104 days, AWOL (071206-080319), surrendered.

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:  46
Current ENL Date: OAD 070621    Current ENL Term: NTE 400 days Years  ?????
Current ENL Service: 	00 Yrs, 07Mos, 26Days ?????
Total Service:  		23 Yrs, 07Mos, 04Days Includes inactive service
Previous Discharges: 	RA 790820-820816/HD     	USARCG 820817-850115/NIF
                                       ARNG 850116-950515/HD      	ARNG 950516-020524/GD
                                       OAD 011008-020307/HD	OAD 070214-071205/HD
                                       ARNG 080320-080801/UOTHC		
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11C10/Indirect Fire Infantryman   GT: NIF   EDU: GED   Overseas: SWA   Combat: Iraq (070820-071205)
Decorations/Awards: AAM, AGCM, ARCAM-2, NDS, GWOTSM, ICM W/CS, NCOPDR-2, ASR, OSR

V.  Post-Discharge Activity
City, State:  San Diego, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 April 2008, the applicant was charged with being AWOL (071206-080319).
       
       On 4 April 2008, 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 he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted 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 16 May 2008, 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, under honorable conditions 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 and documents submitted with the application, the analyst found no mitigating factors which 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 the applicant was aware of that prior to requesting discharge. 
       
       Furthermore, the analyst noted the applicant's issue about the death of his girlfriend 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.  The initial charge sheet shows the applicant was being charged with desertion and with providing an official false statement.  He told the rear detachment personnel he could not make it back to Iraq because “his father had died” a statement which was false.
       
       In view of the foregoing, 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: 18 August 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Discharge Orders, a self-authored statement, and a 2-page document "in loving memory."

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


















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 AR20090020749
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