Applicant Name:  ?????

Application Receipt Date: 2011/02/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her characterization of service was undeserving.  At the time of discharge it was necessary for her to leave the military to take care of her children.  She was trying to make arrangements for child care so that she could return and made telephone contact with the military so that they would be abreast of what was going on.  When she returned to the military to sign in at Fort Campbell, (not the unit she left from) she was not allowed to do so. 

She did not want to leave the military and planned on making it a career.  When she received the Red Cross emergency message in Germany, her rights were read to her.  Her mother was sick and she had to get a caretaker for her children.  She had no option but to return home to see about finding a place that would care for her children.  She left with the understanding that she was still active military and all of her personal items were left in Germany because she believed she would be returning to resume her duty.  

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: 990923
Discharge Received: 			   Date: 000127   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HQ & HQ Company, 2nd Brigade, 1st ID, APO, AE Schweinfurt, Germany 

Time Lost: AWOL x 1 from (981226-990125) for 31 days.  The applicant surrendered to the military authorities at Fort Campbell, KY 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:  22
Current ENL Date: Reenl/960926    Current ENL Term: 3 Years  The applicant extended her reenlistment for 6 months, on (970124) giving her a new ETS date of: (000325)
Current ENL Service: 	3 Yrs, 3 Mos, 1 Days The applicant was retained in the service for 93 days for the convenience of the government per AR 635-200. Also, the computation includes 359 days of excess leave from (990203-000127).
Total Service:  		5 Yrs, 7 Mos, 24 Days ?????
Previous Discharges: 	RA 940503960925/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Spec   GT: 100   EDU: HS Grad   Overseas: Korea (940923-970209), Germany (970228-981226)   Combat: None
Decorations/Awards: AAM, GCMDL, NDSM, 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 2 February 1999, the applicant was charged with AWOL from (981226-990126).  On 2 February 1999, 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 15 January 2000, 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 during the period of enlistment under review and the issue submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the applicant's faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst determined that that the overall length and quality of the applicant's service mitigated the discrediting entry in the service record.  
       
       Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was both proper and equitable.  This action entails a restoration of grade to SPC/E-4. 
       
       The analyst noted the applicant's issue requesting that her discharge be upgraded to honorable.  However, while the applicant may believe her situation at home was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her issue through her 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.  Further, by her misconduct the applicant diminished the quality of her service below that meriting a fully honorable discharge.    

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 14 February 2011.

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 determined that the overall length and quality of the applicant’s service and the circumstances surrounding the discharge (i.e., extraordinary family hardship) mitigated the discrediting entry in her 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 a restoration of grade to SPC/E-4. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20110003658
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