Applicant Name:  ?????

Application Receipt Date: 2011/10/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was pending a medical evaluation board.  I was undergoing a lot of stresses at the time and instead of helping me my chain of command made me drop my MEB and get a general court martial.  This caused extreme anxiety and depression and made me very mentally unstable more than I already am.  They pushed me into failure instead of helping me and my medical conditions and I recieved an undeserved other than honorable discharge."

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: 101027
Discharge Received: 			   Date: 110105   Chapter: 10      AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: 31st Chemical Company, 2nd Chemical Battalion, 48th Chemical Brigade, Fort Hood, Texas 

Time Lost: AWOL x 3 for a total of 19 days (100907 - 100908), (100913 - 100925) and (100926 - 100929); mode of return unknown.  The applicant was also in confinement for a total of 46 days.

Article 15s (Charges/Dates/Punishment): 090709, failed to go at the time prescribed to his appointed place of duty x 3, 0630 Physical Training formation (090420); 0530 APFT Test (090509); 0545 Accountability formation (090615); made a false official statement to SGT S, “I went to Sick Call this morning” (090602); wrongfully appropriated spark plugs valued at $20.00, the property of WalMart (090528); dishonorably failed to pay monthly rent in the sum of $300.00 (090301 – 090601); reduction to the grade of E-3; forfeiture of $409.00 pay per month for one month, both suspended, to be automatically remitted if not vacated before (100104); extra duty and restriction for 14 days; (CG).

090917, vacation of suspension of the punishment of reduction to the grade of E-3 and forfeiture of $409.00 pay per month for one month, imposed (090709); wrongfully appropriated sunglasses, valued at $30.00, the property of the Fort Hood Clear Creek PX (090802). 

091021, stole a pair of sunglasses, of a value of about $100, the property of NAF/AAFES (090802); reduction to E-2; and forfeiture of $784.00 per month for 2 months, both suspended, to be automatically remitted if not vacated before (100420); extra duty for 45 days; and restriction for 45 days to the limits of Fort Hood, Texas and place of residence, suspended, to be automatically remitted if not vacated before (100429); (FG).

091215, vacation of the suspension of the punishments imposed (100921); reduction to E-2; extra duty for 45 days; and restriction for 45 days; without authority failed to go at the time prescribed to his appointed place of duty for extra duty (091127); without authority failed to go at the time prescribed to his appointed place of duty, 0630 accountability formation (091116).

100308, without authority failed to go at the time prescribed to his appointed place of duty x 2, 0900 hours mandatory training at the Palmer Theater (100205) and 0900 hours drivers training at the Soldier Development Center Room (100122); reduction to E-1, forfeiture of $337.00 pay for one month, suspended, to be automatically remitted if not vacated before (100903); extra duty for 14 days and restriction for 14 days to the limits of the Soldier’s residence and Fort Hood; (CG).



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070111    Current ENL Term: 4 Years  24 Weeks
Current ENL Service: 	3  Yrs, 9 Mos, 7 Days ?????
Total Service:  		3  Yrs, 9 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10 Wheeled Vehicle Mechanic   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????

Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 October 2010, the applicant was charged with AWOL x 3 (100907 – 100908), (100913 – 100925) and (100926 – 100929); wrongfully used cocaine a schedule II substance (100823 – 100825); wrongfully possessed three tablets of Clonazepam a schedule IV controlled substance (100929); made a false official statement to BTM, “It was my personal property (TA-50)” (100929); stole twelve tablets of Tramadol hydrochloride, of some value, the property of KJ (100929); stole a Military Star credit card and a package of Newport Cigarettes, of some value, the property of EMF (100929); stole an ACU pattern ruck sack, of some value, the property of JM (100929); stole four bottles of vodka and one bottle of tequila, of some value over $100.00, the property of Army Air Force Exchange Service (100929); stole a pair of sunglasses, of a value of about $100.00 the property of AAFES (090802).
       
       On 22 November 2010, 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 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 commanders recommended approval of an under other than honorable conditions discharge.  
       
       On 16 December 2010, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  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 the applicant’s available military records, the issue and documents 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 contention that he was under stress and received no help from his command; however,  the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  Additionally, 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.  
       
       The applicant contends he was going through a MEB at the time of discharge; however, 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.
       
       Therefore, the analyst determined 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: 6 April 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement and a DD Form 214

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						
Board Vote:
Character - Change 0    No change 5
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: NA

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 AR20110020093
______________________________________________________________________________


Page 3 of 4 pages