Applicant Name:  ?????

Application Receipt Date: 2010/06/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect, that he has a memorandum stating that he was to be given a general discharge under honorable conditions.  

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: 081112
Discharge Received: 			   Date: 081217   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial Court-Martial	   RE:     SPD: KFS   Unit/Location: Company D, 2nd Battalion, 19th Infantry Regiment, Fort Benning, GA 

Time Lost: AWOL x 2 from (080720-080812) for 23 days, returned to his unit, and AWOL from (080822-081005) for 44 days, apprehended by the civilian authorities at Rock Falls, IL and was transferred to Fort Knox, KY. Total time lost was 67 days.

Article 15s (Charges/Dates/Punishment): 080814, AWOL from (080720-080813), reduction to the grade of Private (E-1), forfeiture of $290.00 pay, restriction and extra duty for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 080710    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	0 Yrs, 3 Mos, 1 Days The computation includes 58 days of excess leave from (081021-081217).
Total Service:  		0 Yrs, 3 Mos, 1 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 104   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

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 20 October 2008, the applicant was charged with AWOL from (080822-081006).  On 20 October 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 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 20 November 2008, the separation authority approved the discharge with a general, under honorable conditions discharge. 

       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 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 he was given a memorandum stating that he was to be given a general discharge under honorable conditions.  However, Army Regulation 635-200, provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status. 
       
       Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when his separation is initiated while the soldier is in entry level status.  The evidence of record shows that the applicant went AWOL while he was in an entry level status, which constituted an act of serious misconduct. The only characterization of service the applicant was entitled to was an under other than honorable conditions discharge or an uncharacterized discharge.  However, due to his misconduct the applicant voluntarily requested a discharge in lieu of trial by court-martial, under the provisions of Chapter 10, AR 635-200, which an other than honorable conditions discharge is normally considered appropriate.  Further, the applicant was not entitled to the general, under honorable conditons discharge which he alludes to in the memorandum he received at the time of separation. 
       
       The DD Form 214 he was issued during his separation process, which he submitted a copy to the board, cites the correct characterization of service reflectd in block 24.  
       
       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 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 22 June 2010 in lieu of a DD Form 293.

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 applicant’s characterization of service is improper.  The evidence of record supports that the applicant was discharged from active duty, under the provisions of Chapter 10, Army Regulation 635-200, in lieu of trial by court-martial, where the separation authority approved a general, under honorable conditions discharge.  The board noted that the applicant completed 3 months and 1 day of continuous active service and was in an entry level status.  AR 635-200 stipulates Soldiers being separated while in an entry level status will be awarded an uncharacterized separation of service, which an other than honorable conditions discharge is normally considered appropriate.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to uncharacterized.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100017773
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