Applicant Name:  ?????

Application Receipt Date: 2011/05/02	Prior Review:     Prior Review Date: Records Review/2008/02/13

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his under other than honorable conditions discharge due to his disabilities he received while in the military.  He would like an honorable discharge so that he can be eligibile to receive his benefits, because it is difficult financially for him to get medical attention for his back and ankle injury which occurred while he was serving in the military.  

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: 000720
Discharge Received: 			   Date: 000727   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Battery, 1st Battalion, 1st Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Bliss, TX 

Time Lost: AWOL x 2 (000414-000424) for 11 days, the applicant returned to his unit; AWOL (000509-000515) for 7 days, the mode of return is unknown.  Total time lost was 18 days.

Article 15s (Charges/Dates/Punishment): 990706, failed to go to his appointed place of duty x 3 (990508), (990502), (990501), AWOL (990509-990511), disobeyed a lawful order from 1SG, a noncommissioned officer (990430), violated a lawful general regulation by wrongfully driving a POV without a license (990430), reduction to Private (E-2), forfeiture of $537.00 pay per month for two months, suspended, to be automatically remitted if not vacated by (000102), restriction and extra duty for 45 days (FG).

000411, wrongfully used marijuana between on or about (000206-000306), reduction to Private (E-1), forfeiture of $502.00 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:  20
Current ENL Date: 970422    Current ENL Term: 4 Years  The DD Form 214 block 12a, dated entered active duty this period is incorrect; should be as annotated above. See DD Form 4/3.  Also, block 12c, net active service this period is incorrect; should be as annotated below.
Current ENL Service: 	3 Yrs, 2 Mos, 7 Days ?????
Total Service:  		3 Yrs, 2 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: 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 29 June 2000, the applicant was charged with AWOL x 2; (000414-000425), (000509-000516), disobeyed a lawful command from a CPT, his superior commissioned officer (000510), disobeyed a lawful order from CSM, a noncommissioned officer (000411), and unlawfully struck an individual with his fist (991111).  On 19 July 2000, 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 submitted a statement in his own behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 11 July 2000, the separation authority approved the discharge with an under other than honorable conditions discharge. 
       
       The record contains a Military Police Report in reference to the applicant's offenses of robbery and making a terroristic threat dated 11 November 1999.   

       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 he would like to receive his veterans benefits and it is difficult financially to get medical attention for his back and ankle injury occurred while he was serving in the military.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       Additionally, eligibility for veteran's benefits to include medical and 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: 7 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Texas Veterans Commission
                State Headquarters Office
                ATTN: 
                PO Box 12277
                Austin TX 78711 2277

Witnesses/Observers: ????? 

Exhibits Submitted: DD Form 293 dated 18 January 2011, character reference letter undated.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
?????




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 AR20110009909
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