Applicant Name:  ?????

Application Receipt Date: 2010/06/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she is requesting an upgrade because when she voluntarily separated (AWOL) herself from the US Army, she was in basic combat training and did not graduate from basic combat training. Since then, she has enrolled in GTCC in Greensboro, NC for paralegal studies, co-founded the Sherri Denese Jackson Foundation for the prevention of Domestic Violence, Inc, a (501)c3 non-profit organization, work full time as a Legal Secretary for the Law Office of Alex Dawson in Graham, NC. She is the birth mother of a daughter and has her own place in a nice safe community called Treybrooke Apartments in Greensboro, NC. She has been chosen to go and attend the Greensboro Police Department Academy and has been a great model citizen and on the right path in her life.  

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: 061213
Discharge Received: 			   Date: 070112   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Company C, 2nd Battalion, 60th Infantry Regiment, Fort Jackson, SC 

Time Lost: AWOL x 1 from (060929-061204) for 67 days. The applicant surrendered to the military authorities at Fort Knox, KY.

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:  18
Current ENL Date: OAD/060721    Current ENL Term: ?? Years  21 weeks
Current ENL Service: 	0 Yrs, 3 Mos, 16 Days The computation includes 36 days of excess leave from (061208-070112)
Total Service:  		0 Yrs, 7 Mos, 1 Days ?????
Previous Discharges: 	USAR 060406-060720/NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 106   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her issue that she has enrolled in GTCC in Greensboro, NC for paralegal studies, co-founded the Sherri Denese Jackson Foundation for the prevention of Domestic Violence, Inc, a (501)c3 non-profit organization, works full time as a Legal Secretary for the Law Office of Alex Dawson in Graham, NC. She is the birth mother of a daughter and has her own place in a nice safe community called Treybrooke Apartments in Greensboro, NC. She has been chosen to go and attend the Greensboro Police Department Academy and has been a great model citizen.   

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 December 2006, the applicant was charged with AWOL from (060929-061205).  On 7 December 2006, 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 20 December 2006, 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. 

       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 she is requesting an upgrade because when she voluntarily separated (AWOL) herself from the US Army, she was in basic combat training and did not graduate from basic combat training.  Even though the applicant did not complete basic combat traing, she committed a serious act of misconduct, which constituted a departure from the standards of conduct expected of soldiers in the Army. 
       
       The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by this type of misconduct (i.e., AWOL) provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's misconduct did indeed adversely affect the quality of her  service, brought discredit on the Army, and was prejudicial to good order and discipline.  This act of misconduct  clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       Additionally, the analyst acknowledges the applicant’s successful accomplishments since her separation from active duty.  The applicant is to be commended for her efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.
       
       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: 2 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 13 April 2010.

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 AR20100017947
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