Applicant Name: ????? Application Receipt Date: 2010/01/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I feel when I was in the Army was not able to get proper benefits that I deserved as a soldier. My Mother was sick and still is sick; suffering from diabetes, heart failure and is on disability. I need to take care of her while in the service. So I try to sign for all the dependents benefits of being in the service and was denied. So I need to get more benefits and more income to take care of my family especially my mother. So I AWOL and hold a job near my mother. I am sorry what I have done to my country and I would like to be in the National Guard or the Reserves to finish my term." 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: 071214 Discharge Received: Date: 070227 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: B Co, 447th Sig Bn, 15th Reg Sig BDE, Ft Gordon, GA Time Lost: AWOL for 154 days (060710-061211), surrendered. The applicant was AWOL (060619-060626) but the lost time was not annotated in block 29 of the DD Form 214. Article 15s (Charges/Dates/Punishment): 070706, AWOL for 7 days (060619-060626), returned to unit; reduction to E-1, forfeiture of $299.00 per month for 1 month, (suspended), 14 days extra duty and restriction. (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 051103 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 10Mos, 23Days ????? Total Service: 00 Yrs, 10Mos, 23Days Includes 75 days of excess leave (061215-070227). Records show the applicant's "Current ENL Service" date should be (051103) as shown on his Enlistment/Reenlistment Document and not (051110) as shown in item 12a "Date Entered AD This Period" on the DD Form 214 under review. Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Houston, TX Post Service Accomplishments: None were submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 December, 2006, the applicant was charged with being AWOL (060710-061211). On 15 December, 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 he could receive an under other than honorable conditions discharge and 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 the Chapter 10 request with an under other than honorable conditions discharge. On 2 February 2007, the separation authority approved the Chapter 10 request 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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The evidence of record indicates that 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 the applicant was aware of that prior to requesting discharge. Furthermore, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Therefore, the analyst determined 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: 8 October 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, application for review of discharge; DD Form 214, certificate of discharge from active duty; 4-page self-authored letter, dated (060314); letter of diagnosis of mother's condition, dated (060303). 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: None RE Code: Grade Restoration: No Yes Grade: None 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 AR20100007492 ______________________________________________________________________________ Page 1 of 3 pages