Application Receipt Date: 2006/09/13 Prior Review Prior Review Date: ????? I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated that he was young and not very mature; while attending basic training to become a infantryman he excelled in all areas except physical training; therefore, he was re-cycled; upon arriving at his new unit, he was criticized by his new chain of command for being physical fit. He was informed that he would be required to complete the entire training while others that were re-cycled for the same physical fitness issues only had to conduct physical traininig. According to the applicant he became depressed and purchased a compact disc player and music to help him concentrate on the task at hand; the compact disc player and music was found by his chain of command and labeled contraband. The further stated that his command implied that he would receive a blanket party that evening sponsored by his Drill Sergeants. Finally in a panic and fearing for his life, Green went AWOL and returned home to try and figure out how to fix the situation. When he turned himself in the local authorities he was immediately processed and turned over to the military police where he was sent to Fort Knox to face JAG. 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: 2003/05/12 Discharge Received: Date: 2003/05/21 Chapter: Chapter 10 AR: AR 635-200 Reason: In Lieu Trail By Court Martial RE: SPD: KFS Unit/Location: Company B, 2nd Battalion, 19th Infantry Regiment, Fort Benning, GA. Time Lost: Absent without leave for a total of 61 days (030305-030504). The applicant turned himself into local authorities. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 85/06/10 Current ENL Date: 02/10/24 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 04Mos, 27Days ????? Total Service: 0 Yrs, 04Mos, 27Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 113 EDU: GED Overseas: None Combat: None Decorations/Awards: N/A V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 May 2003, the applicant was charged with going AWOL from 5 March 2003 to 4 May 2003. On 7 May 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 submit a statement in his own behalf. The unit commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an characterization of service of under other than honorable conditions and that he be reduced to the lowest enlisted grade. 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 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, documents, and the issues he submitted, the analyst found no mitigating factors that 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 that the applicant was aware of that prior to requesting discharge. Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned reentry eligibility (RE) code of "4". An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 October 2007 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 ????? Case report reviewed and verified by: COL Silver, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: ????? Other: ????? RE Code: Grade Restoration: No Yes Grade: ????? XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 2007/10/19 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013024 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages