Applicant Name:  ?????

Application Receipt Date: 2011/02/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "Would like for the discharged to be reviewed for an upgrade. I do not feel that I was given a fair shot. I know that going AWOL is frowned upon and subject to action, but the circumstances that I left under when I went AWOL was due to my grandmother (whom raised me), had a Red Cross message sent to me because she was in the hospital and getting placed on Hospice care due to her illness. My company Commander and 1stSGT were not understanding and didn't care about what was going on and denied me Emergency Leave, so I left to go home and help get everything situated and taken care of in preparation of my granmothers death. I returned back to my company 2 weeks later. Upon my arrival back I was sent to a jail in a near by city for 2 weeks, then I was told I would be getting Court Martialed, and that the only other option I had was to get out of the military with a other than honorable in lieu of court martial discharge. 

At the time I had just wanted the quickest thing to get me back home to my dying grandmother. Sad to say a month after my discharge my grandmother passed away. I am asking for the upgrade of my discharge and re-entry code, because I am doing so much better with my life and want to continue to do better. I really would like to go back into the Army and be the best soldier I know how to be. I loved it when I was in and miss it and everything about it since I am out. Being in the Army helped me out a lot. I learned discipline and structure. And I really think that it is the one thing that turned my life around for the better. Because my discharge is what is holding me back from doing what I need to do to be successful in 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: 070622
Discharge Received: 			   Date: 070813   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 142nd Combat Sustainment Support Battalion, 1st Combat Support Brigade (ME) (P), Fort Polk, LA 

Time Lost: AWOL x 1 from (070603-070620) for 18 days.  The applicant returned to her unit.  Military confinement from (070622-070627) for 6 days.  Total time lost was 24 days.

Article 15s (Charges/Dates/Punishment): 070531, failed to go to her appointed place of duty (070518), disobeyed a lawful command from a CPT, her superior commissioned officer (070518), and with intent to deceive, made an official statement to a CPT, which statement was totally false (070518), reduction to Private (E-1), forfeiture of $650.00 pay per month for two months, extra duty and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 060111    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	1 Yrs, 6 Mos, 9 Days ?????
Total Service:  		1 Yrs, 6 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 97   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061110-070430)
Decorations/Awards: NDSM, GWOTSM, ICMDL, ASR

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 22 June 2007, the applicant was charged with being disrespectful in language and deportment towards SSG, a noncommissioned officer (070621), AWOL from (070603-070620), failing to go to her appointed place of duty (070620), failing to obey a lawful order issued by SSG, a noncommissioned officer (070620), and failing to obey a lawful order issued by CSM, between (070531-070603).  On 28 June 2007, 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; however, her defense counsel submitted a statement on her behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 1 August 2007, 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 she 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 the circumstances that she left under when she went AWOL was due to her grandmother (whom raised her), had a Red Cross message sent to her because she was in the hospital and getting placed on Hospice care due to her illness.  Her company Commander and 1st SGT were not understanding and didn't care about what was going on and denied her emergency leave.  While the applicant may believe her family situation at home was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her family issues 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.  Likewise, she has provided no evidence that she should not be held responsible for her misconduct.  Further, 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.   
       
       Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       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: 21 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 17 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 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 AR20110003949
______________________________________________________________________________


Page 2 of 3 pages