Applicant Name:  ?????

Application Receipt Date: 2012/12/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has become a better contributer to society and he knows that he was AWOL for more than 120 days.  He battles with and still continue to struggle with the effects the was has left on him.  The day he went AWOL, he was found at the airport and security had to call his family.  He was diagnosed by a psychiatrist with Post Traumatic Stress Disorder and he developed a lower back problem and bilateral hearing loss.  During his period of AWOL he kept in touch with a SFC and was reassured that everything was okay.  He found out later that was not true.  He is soon to be homeless and with this discharge request, he can make his life better and get back on track.    

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: 090605
Discharge Received: 			   Date: 090717   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: H Company, 3rd Squadron, 2nd Stryker Cavalry Regiment, Rose Barracks, Germany 

Time Lost: AWOL x 1, (091006-090519), totaling 133 days; the applicant surrendered to the military authorities at Fort Sill, OK.  

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: Reenl/071212    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 02 Mos, 22 Days ?????
Total Service:  		03 Yrs, 05 Mos, 19 Days ?????
Previous Discharges: 	RA 050915-071211/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Baghdad, Iraq, dates-NIF
Decorations/Awards: CIB, 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 May 2009, the applicant was charged with AWOL, from (090106-090519).  
       
       On 21 May 2009, 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 recommended approval of an under other than honorable conditions discharge.  
       
       On 25 June 2009, 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 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 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 available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the applicant's faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e., the applicant submitted a document indicating he was in contact with his unit), mitigated the discrediting entry in the service record.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SPC/E-4.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 	Date: 1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 6 December 2012, e-mail conversation between the applicant and his unit dated 20 January 2009, VA Form 21-526 undated, VA Form 21-22 dated 16 August 2010, copy of a prescription dated 22 January 2009.

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 Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
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: N/A
Other: N/A
RE Code: 
Grade Restoration:   No   Yes   Grade: N/A
























XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder




























Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120022581
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