Applicant Name:  ?????

Application Receipt Date: 09/12/22	Prior Review:     Prior Review Date: 010718, denied 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "At the time, I had recieved a message that my father was dying. After losing my mother a few years earlier, I didnt want to lose him as well and not be there for him during his last days. I went through the proper chain of command and was granted and advised to go ahead and go home to assist in his hospice care. Very soon after, my father passed away. During that time was one of the most traumatic  and diffucult times of my young life. I was young and my immature ways of thinking lead me to make a poor decision to not return to my military duties. Please understand, I only made this decision to take care of him for no one was available to do so. However, I did speak with my cadre and asked for advise on what to do before hand and they advised me to look towards taking care of my father.  I realize that I made a very grave mistake. I have suffered with this mistake my entire adult life because the Army has and always will be my passion to follow the footsteps of my family, and serve honorably as an Army Soldier. At the time, I was not as mature minded as I am now. I realize that I must deal with situations the way that they might come and not try to alter them to my comfort. However, This type of decision was a very hard one to make.  I realize that certain decisons I make affect not only myself but those around me. I have managed to keep my motivation, passion and military bearing over the years. I carry a quality of leadership that I know I can utilize in the military. I strongly keep the desire to serve my country in the military and defend our freedom.  I respectfully request that you change my ReEnlistment code so that I may allowed in the Army and devote my life and career years to it. 
My dedication and desire to serve in the Army will ensure my longevity and my success in the serving of my duties.  Respectfully submitted."

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: 000316
Discharge Received: 			   Date: 000911   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 30th AG Reception Bn, Fort Benning, GA 

Time Lost: 861 days, AWOL (971101-000310), apprehended.

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:  19
Current ENL Date: 970122    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 29Days Includes 175 days of excess leave (000321-000911)
Total Service:  		01 Yrs, 02Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 90   EDU: 1 YR COLL   Overseas: None   Combat: None
Decorations/Awards: None



V.  Post-Discharge Activity
City, State:  Galveston, TX
Post Service Accomplishments: The applicant submitted three character reference letters from employers.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 March 2000, the applicant was charged with being AWOL (971101-000311).  On 20 March 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 the Chapter 10 request with an under other than honorable conditions discharge.  On 24 August 2000, 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 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 the applicant was aware of that prior to requesting discharge.  
       
       Furthermore, the analyst noted the applicant’s issue 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 applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  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. 
       
       The applicant was discharged under the provisions of Chapter 10, in lieu of trial by court-martial, with a under other than honorable conditions discharge.  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."  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 and separation code, entered in block 26 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: 26 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Yes
Texas Veterans Commission
300 W. Rosedale St.
Fort Worth, TX 76104

Witnesses/Observers: None 

Exhibits Submitted: Eight pages of additional character reference letters and recommendation.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20090021615
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