Applicant Name: Application Receipt Date: 2012/07/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions and a change to the reentry eligibility (RE) code. He contends his drill sergeant advised him to go AWOL to get out of his enlistment contract. He further contends he has not been in any trouble since his discharge. He also contends his discharge prevents him from obtaining employment as a police officer and reenlisting in the military. 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: 090501 Discharge Received: Date: 090528 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: B Co, 58th Trans Bn, Fort Leonard Wood, MO Time Lost: AWOL x 2 for a total of 683 days; (070520-070613) for 25 days, surrendered; (070616-090403) for 658 days, apprehended. 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: 20 Current ENL Date: 070308 Current ENL Term: 04 Years 19 Weeks Current ENL Service: 00 Yrs, 04 Mos, 09 Days ????? Total Service: 00 Yrs, 04 Mos, 09 Days includes 42 days of excess leave (090417-090528) Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: ????? EDU: GED Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Post Service Accomplishments: The applicant stated in his application he attended trade school for auto mechanics, autobody collision repair and maintained steady employment with Autozone while in school. Also, after school, he worked for Bradshaw Collision Repair Center full-time during the day, and full-time for AutoZone at night. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 16 April 2009, the applicant was charged with absenting himself from his unit (AWOL) (070616-090404). On 16 April 2009, 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 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 with an under other than honorable conditions discharge. On 18 May 2009, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The applicant was 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 during the period of enlistment under review, and the issues and documents 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. By the misconduct (i.e., AWOL), the applicant diminished the quality of his service below that meriting a general, under honorable conditions discharge. The applicant contends his drill sergeant advised him go AWOL to get of his enlistment contract. The applicant bears the burden of the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was advised by his drill sergeant to go AWOL. Further, 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. The applicant further contends he has not been in any trouble since his discharge. The applicant is to commended for his effort; however, this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process, nor is it associated with the discharge at the time of issuance. The applicant also contends his discharge prevents him from obtaining employment as a police officer and reenlisting in the military. 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 recived an under other than honorable conditions characterization of service and a reentry eligibility (RE) code of 4, which constitutes a non-waivable disqualifications, thus the applicant is no longer eligible for reenlistment. Therefore, the analyst determined that the reason for discharge, the characterization of service to include the reentry eligibility (RE) code 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: 3 April 2013 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (120620)/with an issues continuation page; and a Supporting Statement, dated (120612). 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 Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board JOSEPH M. BYERS Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTH - Under Other Than Honorable Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120013267 ______________________________________________________________________________ Page 3 of 4 pages