Applicant Name:  ?????

Application Receipt Date: 2010/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he made a mistake as a young 25 year old who went AWOL. He has since matured and can now see the mistake which he made. He has made the appropriate changes in his life and has two children and expecting twins. As a father he needs an alternate way to support his family.

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: 990218
Discharge Received: 			   Date: 990910   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-martial	   RE:     SPD: KFS   Unit/Location: HQ & HQ Detachment, 215th Finance Batttalion, Fort Hood, TX 

Time Lost: AWOL x 1 from (980713-980814) for 32 days.  The applicant surrendered to the military authorities at Fort Meade, MD and was transferred to 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:  25
Current ENL Date: 970820    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 11 Mos, 19 Days ?????
Total Service:  		9 Yrs,  1 Mos, 18 Days ?????
Previous Discharges: 	USAR 890804-900619/NA
                                       RA     900620-940223/HD
                                       RA     940224-970819/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 97   EDU: HS Grad   Overseas: Germany (901210-920420), Saudi Arabia (901226-910503), Korea (941001-950903), Southwest Asia   Combat: Kuwait (901226-910503)
Decorations/Awards: ARCOM (2), AAM (2), GCMDL, VUA, NDSM, SWASMw/3 BSS, KLM (sa), KLM (KU), ASR, OSR, 

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 19 August 1998, the applicant was charged with AWOL from (980703-980815).  On 19 August 1998, 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 15 March 1999, 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 applicant received a General Officer Memorandum of Reprimand (GOMOR) for driving under the influence of alcohol dated 7 May 1996, (Administrative)

       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 available military records, the issue and documents submitted with the application, the analyst found several mitigating factors which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst determined that the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends to the board that partial relief be granted in the form of an upgrade of the  applicant’s characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of the applicant's grade SPC/E-4.
       
       The analyst noted the applicant's issue requesting an honorable discharge and that he has young when he made the mistake of going AWOL.  The applicant by his misconduct diminished the quality of his service below that meriting a fully honorable discharge.  Further, the analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The Lancaster Veterans Center
                 Attn: 
                1817 Olde Homestead Lane
                 Lancaster, PA 17601

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 in lieu of a DD Form 293 dated 18 November 2010, two Character Reference Letters 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 characterization of service was too harsh and as a result it is inequitable.  The Board found that the length and quality of the applicant's service, to include his combat service mitigated the discrediting entry in the service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to SPC/E-4.]
        
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: SPC/E-4
























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 AR20100028765
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