Applicant Name: ????? Application Receipt Date: 2010/06/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect, that he has a memorandum stating that he was to be given a general discharge under honorable conditions. 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: 081112 Discharge Received: Date: 081217 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial Court-Martial RE: SPD: KFS Unit/Location: Company D, 2nd Battalion, 19th Infantry Regiment, Fort Benning, GA Time Lost: AWOL x 2 from (080720-080812) for 23 days, returned to his unit, and AWOL from (080822-081005) for 44 days, apprehended by the civilian authorities at Rock Falls, IL and was transferred to Fort Knox, KY. Total time lost was 67 days. Article 15s (Charges/Dates/Punishment): 080814, AWOL from (080720-080813), reduction to the grade of Private (E-1), forfeiture of $290.00 pay, restriction and extra duty for 14 days (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 080710 Current ENL Term: 3 Years 16 weeks Current ENL Service: 0 Yrs, 3 Mos, 1 Days The computation includes 58 days of excess leave from (081021-081217). Total Service: 0 Yrs, 3 Mos, 1 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 104 EDU: GED Cert Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 October 2008, the applicant was charged with AWOL from (080822-081006). On 20 October 2008, 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 November 2008, the separation authority approved the discharge with a general, under 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 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 which 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 the applicant was aware of it prior to requesting discharge. The analyst noted the applicant's issue that he was given a memorandum stating that he was to be given a general discharge under honorable conditions. However, Army Regulation 635-200, provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when his separation is initiated while the soldier is in entry level status. The evidence of record shows that the applicant went AWOL while he was in an entry level status, which constituted an act of serious misconduct. The only characterization of service the applicant was entitled to was an under other than honorable conditions discharge or an uncharacterized discharge. However, due to his misconduct the applicant voluntarily requested a discharge in lieu of trial by court-martial, under the provisions of Chapter 10, AR 635-200, which an other than honorable conditions discharge is normally considered appropriate. Further, the applicant was not entitled to the general, under honorable conditons discharge which he alludes to in the memorandum he received at the time of separation. The DD Form 214 he was issued during his separation process, which he submitted a copy to the board, cites the correct characterization of service reflectd in block 24. 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: 11 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149 dated 22 June 2010 in lieu of a DD Form 293. 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 applicant’s characterization of service is improper. The evidence of record supports that the applicant was discharged from active duty, under the provisions of Chapter 10, Army Regulation 635-200, in lieu of trial by court-martial, where the separation authority approved a general, under honorable conditions discharge. The board noted that the applicant completed 3 months and 1 day of continuous active service and was in an entry level status. AR 635-200 stipulates Soldiers being separated while in an entry level status will be awarded an uncharacterized separation of service, which an other than honorable conditions discharge is normally considered appropriate. In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to uncharacterized. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 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 AR20100017773 ______________________________________________________________________________ Page 1 of 3 pages