Applicant Name:  ?????

Application Receipt Date: 2011/11/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, when she left the Army, she thought that she didn’t have a choice.  She was  young and insecure, from a broken home, and thought she would lose her husband and son if she stayed in the military.  She was proud to be in the Army and her joining was a decision she made with her husband.  After she left for training, her husband lost their home and their son began having health problems which continued throughout his childhood.  The stress was too much for her husband to handle.  She felt like her only option was to go home and take care of them.  She was in the process of obtaining a discharge for family reasons, but she was given some bad advice by another recruit who’s husband was a Sergeant.  She was told that if she left before six months, there would be no repercussions and it was like she was never in the Army.  If she waited, she would not be able to get out before the end of her term without jail time if she was caught.  

After leaving her duty station without leave, she lived in fear of getting caught.  She became pregnant the
month after she left, so she thought that she couldn’t go back if she wanted to.  She turned herself in after a few months, hoping to clear her name and agreed to a discharge in lieu of court-martial.  She didn’t fully realize then the repercussions of this sort of discharge and the shame that would follow.   In her life, she has made many poor choices, but leaving the military was the biggest mistake of her life.  Now, she is a year away from getting her Associate Degree In Nursing, and she is hoping to have the chance to serve her country again.  If she is unable to rejoin due to her reentry code, she would as least like to serve as a civilian employee and care for wounded Soldiers and their families.

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: 001117
Discharge Received: 			   Date: 010124   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: W Company, 244th Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, VA 

Time Lost: AWOL for 151 days (000220-000719), surrendered.  Total lost time is 151 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:  20
Current ENL Date: 990924    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 11 Mos, 00 Days ?????
Total Service:  		00 Yrs, 11 Mos, 00 Days Includes 181 days of excess leave (000728-010124)
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None



V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Attending college

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 July 2000, the applicant was charged with being absent without leave (000220-000720).  
       
       On 28 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 she understood she 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 her own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       
       On 3 January 2001, 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 contends she left the Army because she thought that she didn’t have a choice.  She was young and insecure, from a broken home, and thought she would lose her husband and son if she stayed in the military.  She was in the process of obtaining a discharge for family reasons, but she was given some bad advice from a recruit.  The analyst 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.  Furthermore, analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  
       
       Additionally, the analyst noted the applicant's issues about her desire to rejoin the Service or serve as a civilian employee and care for wounded Soldiers and their families; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  Additionally, eligibility for veteran's benefits to include 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 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: 4 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: An online application, dated 3 November 2011; DD Form 214; and a copy of a birth certificate

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 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: 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 AR20110022156
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