Applicant Name: ????? Application Receipt Date: 2009/10/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states "My name is Brandon David Peyton, SSN 461893249,DOB 1982/04/20. I am Writing this request to have my discharge upgraded from other than honorable to general. I left for Ft Sill for basic combat training in June of 2006. Shortly after I arrived at reception I spoke to my (at the time preganant) wife she said that she was having a hard time with our oldest daughter being very sick. My wife was considered a high risk pregnancy due to previous miscarriage. She even tried contacting the Red Cross to get me home to help with my daughter and to take some of the stress off my wife. I also spoke to the battalion 1st Sgt and Captain also the Chaplain. My 1st Sgt. and Capt. told me that "my wife is a big girl that she can handle her own stuff". The 1st Sgt went on to say that the only way I was leaving was if I went AWOL and he promised that I would not make it off post". As I was leaving the office a young solider handed me a phone number and told me to call it. It said GI Rights Hotline and had an 800 number on it. So I called it and they informed me that if I went AWOL and turned myself in after 60 days that I would be out processed and recieve a general discharge Entry Level Seperation being as i was only there for just under a week. So I did it. I only lived a couple of hours away. So one of my friends came and picked me up. I turned myself into Ft Sill about 60 days later. I was tthen outprocessed in about three days. I recieved an OTH discharge with a RE code of 4. My daughter has since been born. She was born with a cleft pallet. My oldest daughter has finally been diagnosed with reactive airway disease and asthma. She takes three different medications to control it. It took several docs and hospital admissions before she was finally diagnosed. I am asking for the upgrade so that I may possibly get a job a local college as a police officer. What I would really like to do is have the priviledge to serve my country. Since this happened I believe that I have grown exponentially. I have taken and passed an Emergency Medical Technician class. I have a Texas Dept. Of State Health Services license. I am also a Nationally Registered EMT-Basic, have certification cards Advanced Cardiovascular Life Support, Basic Life Support, Pediatric Advanced Life Support, Neonatal Resucitation Program Provider. Certified with Texas State Fireman & Fire Marshall's Association as a Basic Volunteer fireman which I have been doing for almost 2 years and have been promoted to Lieutenant. I believe all of these are critical skills that would be best used serving my country. I would like to see it changed to a General discharge. I was never dropped from the rolls until I turned myself in and a warrant was never issued. Thank You for your time and consideration of my request." 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: 061013 Discharge Received: Date: 061214 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Battery, 95th Adjutant General Reception Battalion, Fort Sill, OK. Time Lost: AWOL x 1 from (060705-060829) for 55 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: 24 Current ENL Date: 060528 Current ENL Term: 6 Years The applicant required a administrative waiver at the time of enlistment, which was approved on (061005). Current ENL Service: 0 Yrs, 4 Mos, 22 Days The computation includes 105 days of excess leave from (060901-061214). Total Service: 0 Yrs, 4 Mos, 22 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states in his issue "I have taken and passed an Emergency Medical Technician class. I have a Texas Dept. Of State Health Services license. I am also a Nationally Registered EMT-Basic, have certification cards Advanced Cardiovascular Life Support, Basic Life Support, Pediatric Advanced Life Support, Neonatal Resucitation Program Provider. Certified with Texas State Fireman & Fire Marshall's Association as a Basic Volunteer fireman which I have been doing for almost 2 years and have been promoted to Lieutenant." VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 August 2006, the applicant was charged with AWOL from (060705-060829). On 31 August 2006, 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 and intermediate commander's recommended approval of an under other than honorable conditions discharge. On 2 November 2006, 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, 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 military records, and the issue submitted with the application, 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. The analyst noted the applicant's issues that he was having family problems and would like an upgrade so that he can get a better job or possibly reenlist in the Army. The applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, family assistance program), without committing the misconduct, which led to the separation action under review. The analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, at the time of discharge the applicant was 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 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: 16 August 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA 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 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20090018659 ______________________________________________________________________________ Page 2 of 4 pages