Application Receipt Date: 061020 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: I was home on leave in January from the republic of South Korea. I had missed my flight and called my squad leader to let him know what was happening. I got a call back from the squad leader and was told to turn myself into the authorities. So I tried for two days to have myself arrested but the police state and city could not hold me because I had no warrants or anything so they let me go. So I went to the nearest base which was FT. Hood and turned myself into the mp station. The mp's did not arrest me but gave me some cash to get something to eat and reported back to them in the morning and was sent to Oklahoma to be held until they got into contact with my unit. They told me that they could not reach my unit which was odd but I did not trust them and they started to out process me and others. Later to find out when I got my phone back and was able to call my squad leader after I was already discharged, he said nobody contacted him, my first sergeant or my sergeant major. I never thought about leaving the army I was not prepared for this I wanted too retire from the military. There is nothing more embarrassing to come home like that after being in Iraq my family was so proud of me and then to come home like this it just not right. I have seen people go AWOL and come back for twice the period I was and they where not kicked out like this. They did not even send me my DD form 214 to the right address I know I gave her the right address I wrote it down personally. In short I would just like discharge to upgrade so that I can reenlist into the military its all I know and I was good at it. The facts are I was AWOL for 20 days in total. I was in contact with my leaders I was not hiding or running away from the army. I just want my life back. I want to do what I have grown to love. I reenlisted in Iraq. Why would I do that if I wanted out so bad? 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: 050325 Discharge Received: Date: 050712 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: D Co, 2-9 IN Regt, Camp Casey, Korea Time Lost: AWOL, 47 days (050126-050313), surrendered at Fort Hood. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820316 Current ENL Date: 030831 Current ENL Term: 4 Years Current ENL Service: 1 Yrs, 10 Mos, 12 Days Includes 110 days of excess leave (050325-050712) Total Service: 04 Yrs, 01Mos, 08Days Previous Discharges: RA-010418-030830/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 (Infantryman) GT: NIF EDU: GED Overseas: Korea Combat: Iraq (Dates NIF), applicant's re-enlistment documents show he re-enlisted in Iraq Decorations/Awards: None 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 24 March 2005, the applicant was charged with AWOL (050126-050313). On 25 March 2005, 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 recommended approval of an under other than honorable conditions discharge. On 20 June 2005, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant was to be 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 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, and the issue 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, at the time of discharge the applicant was appropriately assigned a 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 analyst determined that 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: 5 December 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 2 No change 3 - Character Change 0 No change 5 - 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 discharge was both proper and equitable and voted to deny relief. Case report reviewed and verified by: Chuck Busick, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA 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: 7 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014946 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 6 pages