Application Receipt Date: 060113 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant requests an upgrade of his under other than honorable conditions discharge to uncharacterized and reentry elgibility "RE" code. He relates that he would like to join with a different MOS and only met his recruiter twice. He claims when he asked the recruiter to change jobs prior to basic training, he was told it could not happen. He continues by stating if he was allowed to change jobs he would have never gone AWOL. He concludes that his parents retired from the Army and if he is allowed to rejoin with an MOS he desires, he would serve 20 years. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 031107 Discharge Received: Date: 031205 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: PCF PS BN USAFACFS TC, Fort Sill, OK 73503-5100 Time Lost: AWOL-122 days (030514-030913) Surrendered to military authorities. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820225 Current ENL Date: 030227 Current ENL Term: 3 Years Current ENL Service: 0 Yrs, 5 Mos, 6 Days Total Service: 0 Yrs, 5 Mos, 6 Days Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: 93 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant claims he is the father of a daughter and is currently working on an Associates Degree in Paramedic Technology. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 September 2003, the applicant was charged with AWOL from (030514-030913.) On 19 September 2003, 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 waived further rehabilitative efforts and recommended approval of an under other than honorable conditions discharge. On 17 November 2003, 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 regulation provides, in pertinent part, that a servicemember who has committed an an offense or offenses for which the authorized punishmentincludes a punitive discharge may submit a request for 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 and honorable or general diacharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After careful review of all the applicant's military records during the period of enlistment currently under review and the issues he submitted, the analyst finds no mitigating factors that would merit an upgrade of the applicant's discharge. It is recommended that the applicant's request for an upgrade of his characteization of service and reentry elgibility "RE" code be denied. 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 charge. 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 UCMJ. 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 that the applicant was aware of this prior to requesting discharge. The reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060515 Location: Tampa, FL Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: Yes Exhibits Submitted: The applicant submitted several documents in support of his personal appearance Board. VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 the applicant's post sevice acomplishments and circumstances surrounding AWOL. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to uncharacterized. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 060605 Colonel, U.S. Army Chief, Secretary Recorder