Applicant Name: ????? Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she is requesting an upgrade because when she voluntarily separated (AWOL) herself from the US Army, she was in basic combat training and did not graduate from basic combat training. Since then, she has enrolled in GTCC in Greensboro, NC for paralegal studies, co-founded the Sherri Denese Jackson Foundation for the prevention of Domestic Violence, Inc, a (501)c3 non-profit organization, work full time as a Legal Secretary for the Law Office of Alex Dawson in Graham, NC. She is the birth mother of a daughter and has her own place in a nice safe community called Treybrooke Apartments in Greensboro, NC. She has been chosen to go and attend the Greensboro Police Department Academy and has been a great model citizen and on the right path in her life. 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: 061213 Discharge Received: Date: 070112 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company C, 2nd Battalion, 60th Infantry Regiment, Fort Jackson, SC Time Lost: AWOL x 1 from (060929-061204) for 67 days. The applicant surrendered to the military authorities at Fort Knox, KY. 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: 18 Current ENL Date: OAD/060721 Current ENL Term: ?? Years 21 weeks Current ENL Service: 0 Yrs, 3 Mos, 16 Days The computation includes 36 days of excess leave from (061208-070112) Total Service: 0 Yrs, 7 Mos, 1 Days ????? Previous Discharges: USAR 060406-060720/NA Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 106 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant stated in her issue that she has enrolled in GTCC in Greensboro, NC for paralegal studies, co-founded the Sherri Denese Jackson Foundation for the prevention of Domestic Violence, Inc, a (501)c3 non-profit organization, works full time as a Legal Secretary for the Law Office of Alex Dawson in Graham, NC. She is the birth mother of a daughter and has her own place in a nice safe community called Treybrooke Apartments in Greensboro, NC. She has been chosen to go and attend the Greensboro Police Department Academy and has been a great model citizen. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 December 2006, the applicant was charged with AWOL from (060929-061205). On 7 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 she understood that she 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 her own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 20 December 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 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 she is requesting an upgrade because when she voluntarily separated (AWOL) herself from the US Army, she was in basic combat training and did not graduate from basic combat training. Even though the applicant did not complete basic combat traing, she committed a serious act of misconduct, which constituted a departure from the standards of conduct expected of soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by this type of misconduct (i.e., AWOL) provides the basis for a characterization. Having examined all the circumstances, the analyst determined that the applicant's misconduct did indeed adversely affect the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. This act of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. Additionally, the analyst acknowledges the applicant’s successful accomplishments since her separation from active duty. The applicant is to be commended for her efforts. However, these accomplishments do not provide the Board a basis upon which to grant relief. 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: 2 May 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 13 April 2010. 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 AR20100017947 ______________________________________________________________________________ Page 1 of 3 pages