Applicant Name:  ?????

Application Receipt Date: 2010/07/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states " I re-enlisted in the ARMY for a second time in 1998, my previous enlistment was for three years and received an Honorable Discharge from the ARMY. During the second enlistment, at the end of the 1st year of enlistment, i received notification from my mother that my father was diagnosed with terminal ill cancer that that he was having a difficult time dealing with it and she was to the point of being stressed out everyday. I spoke to my chain of command about my situation and petition them for a Hardship Discharge, they asked me to gather all the verifications required so that they could allow me to discharge under the Hardship rule. 

I gathered all the letters from the doctors and the hospitals verifying my father's condition, i was told that the Colonel would sign my discharge but when the documents went to division, it was discovered that 82nd REPO assigned me to the wrong unit. They had assigned me to 3/325 ABN Infantry instead of the 2/325 ABN Infantry. When this was discovered, I was informed that i needed to resubmit all of these documents once again to the new chain of command but they were out on deployment and they would not be back for a few months.

I pleaded with the current chain of commnad to do something about it but they had told me that there was nothing i could do. I informed them that I appreciated what they had done for me but that I would be leaving to take care and be close to my family during those difficult times.

I went AWOL and never went back until June 2006, I do not have the slightest clue why it took me so long to deal with situation but eventually I did. During my return to For Bragg, there were other soldiers that were Court Martialed for desertion, when they researched why I told them and verified through the chain of command, it was found out that I had made several attempts to go about my discharge in the right manner. They painted all of the other soldiers that went AWOL as not being patriots and a discredit to the ARMY. 

When they asked what I had been doing since I had left the army, i replied by telling them that I had sepent some time as a police officer, a social worker and most currently, with the Harris County Juvenile Probation Department and the current supervisor for the City of Houston Warrants Division. I've been a part of my community and have lived my life through the teaching and the values that the ARMY taught me. It has made me the man that I'm today and I've nothing but gratitude to the ARMY and would not hesitate to reenlist if I were called to do so, in order to defend this great country of ours.  Thank you for your time and consideration."

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: 060728
Discharge Received: 			   Date: 061211   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B company, 1st Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC 

Time Lost: Desertion from (981110-060707) for 2,792 days. The applicant was apprehended by the civilian authorities at Laredo, TX and was transferred to Fort Bragg, NC.

Article 15s (Charges/Dates/Punishment): 060723, without authority, absent himself from his unit and did remain so absent in desertion from (981110-060707), reduction to Private First Class (E-3), extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 980106    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 3 Mos, 9 Days ?????
Total Service:  		6 Yrs, 7 Mos, 16 Days ?????
Previous Discharges: 	USAR 920828-920830/NA
                                       RA      920831-950730/HD
                                       USARCG 950731-950918/NA
                                       USAR 950919-980105/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74B10 Info Sys Opr Analyst/54B10 Chem Ops Spec   GT: 115   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he spent some time as a police officer, a social worker and most currently with the Harris County Juvenile Probation Department and he is the current supervisor for the City of Houston Warrants Division.   

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 2006, the applicant was charged with AWOL from (981110-060707).  On 27 November 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 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 and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 30 November 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 at the end of the first year of his enlistment, he received notification from his mother that his father was diagnosed with terminally ill cancer and that he was having a difficult time dealing with it and she was to the point of being stressed out everyday.  The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims family issues at home resulted in his discharge. 
       
       While the applicant may believe his family issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from these issues 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. 
       
       The applicant further contends that he pleaded with the current chain of command to do something about his situation, but they had told him that there was nothing they could do.  He informed them that he appreciated what they had done for him but that he would be leaving to take care of and be close to his family during those difficult times.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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: 6 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 29 June 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 AR20100018543
______________________________________________________________________________


Page 2 of 4 pages