Applicant Name:  ?????

Application Receipt Date: 2010/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that "I would like to have my discharge upgraded in order to go to school, I served in Iraq for 12 months honorably with no stipulations,I believe that my discharge was unnecessary due to circumstances related to a marriage in which fell through. In turn causing myself to not care about what was going on around me.  I was not giving any type of counsel or even help to overcome these problems  that was going on in my life.  I enjoyed my time in the Army, and Iraq as well. 

Those are moments I will cherish, and speak of for the rest of my life.  I served honorably I believe up until the point of my divorce,  I did well in P.T. and was fast-tracking winning numerous soldier boards, and NCO boards as a corporal, I was on the Honor Gaurd for Fort Campbell.  If you notice on the records everything went downhill at the time of my divorce around July 04.  I hope you take the time to consider my upgrade, it will mean everything to me.  Thank you for your time."

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: 050207   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: D Battery, 2nd Battalion, 44th Air Defense Artillery, Fort Campbell, KY 

Time Lost: AWOL x 4 from (041220-041220) for 1, day, AWOL from (041231-050104) for 4 days, AWOL from (041026-041027) for 2 days, AWOL from (041104-04117) for 14 days, the mode of return from each period of AWOL is unknown.  Total time lost was 21 days.

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020522    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 7 Mos, 9 Days ?????
Total Service:  		2 Yrs, 7 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14S10 2B Avenger Crewmember   GT: 109   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (030301-040127)
Decorations/Awards: ARCOM, AAM (1), NDSM, GWOTEM, GWOTSM, ASR, OSR, C/Ach (1) 

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 11 January 2005, the applicant was charged with AWOL x 2 from (041220-041221), (041231-050105), and breaking restriction x 2 on (041220), (041231).  On 20 January 2005, 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 commanders recommendation for approval of the applicant's request for discharge and the recommendation in reference to the characterization of the applicant's service is not part of the available record and the analyst presumed government regularity in the discharge process.  On 31 January 2005, 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, 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 he would like to have his discharge upgraded in order for him to go to school.  He believes that his discharge was unnecessary due to the circumstances related to his marriage which fell through and caused him to not care about what was going on around him.  Also, he was not given any type of counsel or help to overcome the problems that was going on in his life.  The applicant claims his marital problems at home resulted in his discharge. 
       
       While the applicant may believe his marital problems at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his marital problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       Additionally, The evidence of record further shows that the applicant consulted with defense counsel, was advised of his rights and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial and indicated that he understood the possible effects of an under other than honorable discharge.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 29 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 9 August 2010, three DA Forms 638 (Recommendation for Award) with various dates,  two Certificates of Achievement dated 1 June 2004, and October 2003.

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 1    No change 4
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 AR20100020237
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