Applicant Name:  ?????

Application Receipt Date: 2010/04/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants his discharge upgraded due to the loss of a child and redeployment.

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: 100306   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: H Company, 3rd Squadron, 2nd Stryker Cavalry Regiment, Vilseck, Germany APO AE 

Time Lost: AWOL x 3 from (090722-090724) for 3 days, apprehended, AWOL from (091222-091229) for 8 days, returned to his unit, AWOL from (091230-100105) for 6 days, returned to his unit.  Total time lost was 17 days.

Article 15s (Charges/Dates/Punishment): 091210, AWOL from (090724-090727), failed to go to his apppointed place of duty x 2 on or about (091005), (091005), failed to obey a lawful general regulation by wrongfully possessing brass knuckles on or about (091029), reduction to Private (E-1), forfeiture of $699.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (090111), extra duty and restriction for 45 days (FG) 

The suspension of the punishment of forfeiture of $699.00 pay per month for two months imposed on (091211) was vacated, effective (100107) based on the applicant's offense of failing to go to his appointed place of duty on divers occasions between on or about (091220-091221).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: Reenl/080901    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 19 Days ?????
Total Service:  		3 Yrs, 9 Mos, 23 Days ?????
Previous Discharges: 	RA 060407-080831/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 99   EDU: GED Cert   Overseas: Germany, Southwest Asia   Combat: Iraq (070907-081025)
Decorations/Awards: GCMDL, NDSM, GWOTSM, ICMDLw/CS, ASR, OSR, CIB

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 13 January 2010, the applicant was charged with AWOL from ((960429-96111400), AWOL from (091230-100105), disrespectful toward a Major (091222), disobeyed a lawful command from Major, his superior commissioned officer (091222), failed to obey a lawful order issued by a Major between (091222-100105), and wrongfully possessed about 1.0 gram of marijuana (100112).  On 5 February 2010, 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.  On 11 February 2010, 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. 
       
       The record contains a Military Police Report in reference to the applicant's offense of driving while intoxicated with a bac of .069G/100L, dated 29 October 2009. 

       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, 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 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 it prior to requesting discharge. 
       
       The analyst noted the applicant's issue that his discharge was due to the loss of a child and redeployment.  While the applicant may believe his situation at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from this situation through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       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 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 5 April 2010, and copies of his Official Military Personnel File marked enclosures 1-12, with various dates.

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 AR20100013917
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