Applicant Name:  ?????

Application Receipt Date: 2011/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "To the Review Board-During the last period of my enlistment I became deeply abused by my spouse, Marye Jennifer Mckethan.  This with numerous tours under my belt made me highly volatile, as well as extremely unstable.  I know there is no excuse for going AWOL.   Prior to the incident in late Dec 2008 - Apr 2009 I had an almost immaculate record, as well as showed my worth quickly moving through the ranks to a Weapons Squad Leader.  Looking back now and seeing what terrible shape I was in, I wish I could change my actions and whom I was sharing a home with.  I now just finished my second year in the local junior college, and will be attending the nursing program.  I currently have a 3.2+ GPA and hope to take this career far.  I would ask the review board to look at my accomplishments and upgrade my discharge and carry the military as a badge in my civilan life now, instead of hiding behind an OTH discharge.  Myself and my family love this country, and are extremely proud of my service.  Thank your (sic) for your time and god (sic) bless."

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: 090831   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Co, 2-325th IN Bn (ABN), Fort Bragg, NC 

Time Lost: AWOL x 2 for a total of 190 days; (080918-081118) for 61 days, mode of return unknown; (090206-090614) for 129 days, mode of return unknown.   

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: 071203    Current ENL Term: 04 Years  00
Current ENL Service: 	01  Yrs, 02 Mos, 19 Days ?????
Total Service:  		07  Yrs, 07 Mos, 24 Days ?????
Previous Discharges: 	RA-010627-041118/HD
                                       RA-041119-071202/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 124   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (010516-010626), (041207-050328), (050901-051228), (070105-080313)
Decorations/Awards: ARCOM-3, AGCM-2, NDSM, GWOTEM, GWOTSM, ICM-W/3 CS, NCOPDR-2, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his application he finished his second year of college with a 3.2+ grade point average (GPA), and will be attending the nursing program. 


VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 22 June 2009, the applicant was charged with absenting himself from his unit AWOL (090206-090615). On 2 July 2009, 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 
       
       On 22 July 2009, the separation authority approved the Chapter 10 request and directed 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, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that 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 that the applicant was aware of that prior to requesting discharge.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends being deeply abused by his spouse,  numerous combat tours made him highly volatile and  extremely unstable.  The evidence of record shows (i.e., court documents) the applicant was charged with domestic violence on two occasions.  The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence why he should not be held responsible for his misconduct. 
       
       The applicant further contends there is no excuse for going AWOL.  The applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       The applicant also contends prior to the incident in late Dec 2008-Apr 2009, he had an almost immaculate record, and moved quickly moving through the ranks to become a weapons squad leader.  The analyst acknowledges the applicant's successful combat tours in Iraq, and noted the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
       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: 20 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (110602); and an Academic Evaluation, Alpena Community College, dated (110602). 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during theperiod of service 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						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:



EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110012065
______________________________________________________________________________

Page 1 of 3 pages