Applicant Name:  ?????

Application Receipt Date: 2011/10/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he is requesting an upgrade to his discharge.  He started BCT at Fort Jackson, South Carolina with the US. Army.  He was able to successfully complete BCT.  During this time, he had a lot of family issues going on at home.  He enlisted in the Army with hopes of having a fresh start, making his family proud and finally doing what his heart really wanted after being in the car business for over 8 years.  When he started AlT, his ex- wife was constantly dragging him back home through domestic relations for child support.  The Pennsylvania court system determined his child support would be $1,800.00 a month based on his annual salary.  He insisted and tried numerous times to prove to domestic relations that his salary as an E-2 in the Army was no where close to that and that he could not support himself in Hawaii where he was supposed to be stationed.

The court system and his ex-wife were constantly ordering him back to the courts between October 2007 through January 2008.  As a result of missing numerous days due to court dates and his intense training at Fort Eustis, he had to restart training three times.  He was told that if he missed any more time and days that he could not be restarted and kicked out of his MOS.  His drill instructor allowed him to go to JAG for his issues but he was told that they could not help him due it being a civil matter.  He could not afford to obtain a lawyer to help him with his case either.
Also at this time the Army accidentally did not pay him $3,500.00 due to a payroll error.  This happened around Christmas time and he really wanted to buy his two children some gifts but could not as a result.  

Finally, he was a couple weeks from graduating from AIT when he was informed by a drill sergeant that he would not be able to graduate because his MOS required special clearances that he would not pass due to not having an American citizenship.  Several month later, he found out that this was not correct.  With all his issues going on at home and being told the Army could not help him, he decided to go AWOL.  Today he has handled all the issues that were going on at home and he has started his life over in the car business.  He is now in another relationship with a new born son.  He would like to be able to reenlist and serve his country.  

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: 080616
Discharge Received: 			   Date: 080718   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Company, 1st Battalion, 222d Aviation Regiment, Fort Eustis, VA 

Time Lost: AWOL for 125 days (080124-080527), apprehended.  Total lost time is 125 days.

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:  26
Current ENL Date: 070628    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 17 Days ?????
Total Service:  		00 Yrs, 08 Mos, 17 Days Includes 46 days excess leave (080603-080718)
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 99   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 June 2008, the applicant was charged with being absent without leave (080124-080528).  
       
       On 2 June 2008, 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 he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement in his own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       
       On 24 June 2008, 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, and 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 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 the applicant was aware of that prior to requesting discharge. 
       
             The applicant noted the applicant's issues and determined that 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.  Also, the analyst noted the applicant's issues about his desire to rejoin the Service.  However, 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.  

              Furthermore, the analyst noted the applicant's personal issues which he feels led to his decision to go AWOL;  however,  the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, and Community Counseling Center.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  The analyst found no evidence of arbitrary or capricious actions by the command or JAG.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected.
       
       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: 7 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; and a copy of the applicant's discharge package; a Congressional Inquiry, dated 21 October 2011, court papers/documents, 13 pages; and a self-authored statement, 3 pages.






















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 based on the applicant’s extreme family circumstances, documented legal proceedings surrounding his misconduct and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-2/PVT.]
        
IX.  Board Decision						
Board Vote:
Character - Change 4    No change 1
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: E-2

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 AR20110021361
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