Applicant Name:  ?????

Application Receipt Date: 2010/04/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, " I have lived as a civilian for nearly 10 years after separating from the US Army, at the time of enlistment I was young, egotistical and I was running away from something.  I thought by going to the military that I could leave my past behind and branch out to something meaningful.  Apparently, it did not go that way.  I am now asking the Armed Forces of the United States to forgive my negligence, incompetence, immaturity, and disrespectful behavior to the United States and all that is stands for.  I beg you all on the review board to grant me immunity and clear my name of shame so that my children will not only be proud of their mother for furthering her education in efforts to complete my Masters Degree program.  I am currently working full-time, going to school full-time and raising 3 wonderful children full-time.  I submit this request not just for myself, but for my children, so that they would have no worries and less hardship when I have passed on to another life.  Thank you for your consideration and I hope that the Board dig down deep within their souls and grant yet another request for an upgrade, although, I may not deserve it, I feel I owe my children and those around me, and I no longer want to have this embarrassment hanging over my head".

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Applicant turned down offer.

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 991210
Discharge Received: 			   Date: 010314   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: G Co, 244th QM BN, Ft Lee, VA  

Time Lost: AWOL for 30 days (991018-991116), surrendered to military authorities.

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: 990430    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 9Mos, 15Days ?????
Total Service:  		1 Yrs, 9Mos, 15Days Includes 460 days of excess leave (991211-010314)
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 97   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Desoto, Texas
Post Service Accomplishments: Applicant states she going to school and working full time to achieve her Master's Degree.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 December 1999, the applicant was charged with AWOL (991018-991117).  
       
       On 10 December 1999, 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 she understood that she 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 her own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  
       
       On 30 January 2001, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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 submitted with the application, the analyst determined there was sufficient reason to discharge the former Soldier for misconduct; however, the wrong reason for discharge was used.
       
       The evidence of record shows the applicant failed to report to training as ordered and was absent without leave for exactly 30 days.  When the applicant was charged she had been in the Army for 7 months and 10 days.
       
       Army Regulation 635-200, paragraph 10–1, stipulates that a Soldier who has committed an offense or offenses, the punishment for which under the UCMJ and the Manual for Courts-Martial (MCM) includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial.  A punitive discharge may be adjudged when the only offense is AWOL, only if that AWOL was for more than 30 days.
       
       The analyst concluded that in accordance with the above paragraph, the applicant was not eligible to receive a bad conduct discharge as she was not AWOL for more than 30 days.
       
       Furthermore, the analyst noted the applicant's issue reference having her reason for separation changed; however, the narrative reason for separation is governed by specific directives.  The analyst determined that the applicant was discharged for the wrong reason, and recommends the board change the reason to Misconduct.  Under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL)", the separation code is "JKD", and the reentry code is "RE 3".  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 RE 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.
       
       In view of the foregoing, the analyst recommends to the Board that the applicant’s reason for 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.” 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: [ redacted ] 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was improper.  The Board found that the applicant failed to report to training as ordered and was absent without leave for exactly 30 days.  When the applicant was charged she had been in the Army for only 7 months and 10 days.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to "general, under honorable conditions".   Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct (AWOL).  Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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)
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????






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 AR20100012969
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