Applicant Name:  ?????

Application Receipt Date: 2011/06/27	Prior Review:     Prior Review Date: 2012/02/15, denied with changes. 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant did not provide any issues of equity or propriety to be considered by the Board for his personal appearance.  However, incorporated herein is his prior record review submission in which he stated, in effect, that he is requesting an upgrade because he wants to go back into the military and finish serving his country and uphold his oath to protect the United States.  On 3 October 2006 he left his post and went AWOL because at the time his wife was having an affair.  He was arrested on 31 October 2006 for writing bad checks and served 6 months in jail, with an early release for good behavior.  Rather than return to Fort Hood he went to his home in Indiana.  While he was home he sought help from an attorney for a divorce.  He was afraid to turn himself in because he had just been released from jail.  He was arrested on 8 August 2008 and taken back to Fort Hood.  He decided he wanted to stay in and do his time, he was getting ready to deploy to Iraq but was told he was getting court-martialed.  He didn’t want to face jail so he asked for a Chapter 10 discharge.  He had no idea that he couldn’t get back into the military.  On 9 January 2009, he was discharged with no benefits.  When he returned home he found out that there were no jobs available.  He looked for gainful employment; however, he was unsuccessful.  He quickly realized that the military was for him and that he wanted to go back in.  He has talked to several Army recruiters and they told him he could not go back in with a desertion on his record, but he could request an upgrade.    He is asking for an upgrade to return to the military so he can provide for his children and he plans on getting remarried next year.  He has learned that his mistakes caused him to have an unfortunate life and will do whatever is necessary to prove himself.  He was a good Soldier and always maintained his military bearing.

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: 081208
Discharge Received: 			   Date: 090107   Chapter: 14-12c (1)     AR: 635-200
Reason: Misconduct (Desertion) 	   RE:     SPD: JKF   Unit/Location: D Forward Support Company, 4th Squadron, 9th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX 

Time Lost: 674 days, AWOL (061003 - 080808), apprehended.

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:  33
Current ENL Date: 051121    Current ENL Term: 4  Years  25 Weeks
Current ENL Service: 	01  Yrs, 03Mos, 11 Days ?????
Total Service:  		01  Yrs, 03Mos, 11Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 63J10/Quartermaster and Chemical Equipment Repairer   GT: 87   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR


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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 December 2008, the applicant was charged with desertion, in that on 3 October 2006, without authority and with the intent to avoid hazardous duty, namely service in Iraq, quit his unit, to wit:  D Forward Support Company, 4th Squadron, 9th Cavalry Regiment, and did remain so absent in desertion until           9 August 2008.    
       
       On 15 December 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 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 commanders recommended approval of an under other than honorable conditions discharge.  
       
       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.
       
       On 15 February 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge and directed and administrative change to the DD Form 214 to reflect  the following changes:  Block 25, separation authority to read “AR 635-200, Chapter "10,” block 26, separation code to read "KFS," block 27, reentry code to read “4,” and block 28, reason for separation to read “In Lieu of Trial By Court-Martial,”  as it had been approved by the separation authority.  

       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 applicant contends mitigating circumstances contributed to his misconduct; specifically, family issues contributed to his misconduct.  While the applicant may believe his family issues were the underlying cause of his misconduct, 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, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst also noted the applicant's employment issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       The applicant has been 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. 
       
       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: 30 August 2012         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's girlfriend. 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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:




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 AR20120008227
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