Applicant Name:  ?????

Application Receipt Date: 2012/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is seeking VA and medical benefits because he is unable to be seen at a VA hospital with this type of discharge.  He went AWOL because he was going to be charged with writing bad checks.  His AWOL was due to him being incarcerated and he asked to be released in lieu of court-martial.  His commander stated that he would be able to upgrade his discharge at a later date and the paperwork is included.  He might not have served his full term but he did give a full year in Iraq and would have served longer if he had not got into trouble.  

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: 060406   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: E Company, 3rd Brigade Combat Team (Rear) (Provisional), Fort Campbell, KY 

Time Lost: AWOL x 1; (040723-040927) 65 days, apprehended by the civilian authorities; CCA (040928-041215) 77 days; mode of return is unknown; AWOL x 1; (050711-051028) 107 days, apprehended by the civilian authorities.  Total time lost was 249 days. 

Article 15s (Charges/Dates/Punishment): 040507, wrongfully used marijuana on or about (040317), reduction to Privatge (E-1), forfeiture of $597.00 pay per month for two months, extra duty and restriction for 45 days (FG)

050318, AWOL (040723-041215), forfeiture of $200.00 pay per month for two months (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 030219    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 5  Mos, 7  Days ?????
Total Service:  		2 Yrs, 5  Mos, 7  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030718-040219)
Decorations/Awards: ARCOM (2), NDSM, GWOTEM, GWOTSM, ASR, OSR, ICM, CIB

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





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 March 2006, the applicant was charged with AWOL from (050711-051018).  On 16 March 2006, 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 did not submit a statement in his own behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 30 March 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. 

       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, 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 applicant contends that he is seeking VA and medical benefits because he is unable to be seen at a VA hospital with the type of discharge he has.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11, Medical or the 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.
       
       The applicant further contends that his commander stated that he would be able to upgrade his discharge at a later date and the paperwork is included; and he might not have served his full term but he did give a full year in Iraq and would have served longer if he had not gotten into trouble.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct by the negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       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: 10 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 6 February 2012, DD Form 2-19854 undated, certificate of awards with various dates.  

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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:



ARCHIE L. DAVIS III
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 AR20120003133
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