Applicant Name: ????? Application Receipt Date: 2010/11/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she requests an upgrade of her discharge to general, under honorable conditions or a fully honorable discharge. She contends she went AWOL to take her kids back from her husband. 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: 090423 Discharge Received: Date: 090508 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Co, 864th EN Bn (Hvy), Fort Lewis, WA Time Lost: AWOL x 6 for a total of 24 days; (090110-090111) for 1 day, mode of return unknown; (090124-090124) for 1 day, mode of return unknown; (090127-090128) for 2 days, mode of return unknown; (090130-090217) for 18 days, mode of return unknown; (090308-090309) for 2 days, mode of return unknown; (090407-090407) for 1 day, mode of return unknown. 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: 080304 Current ENL Term: 04 Years 21 Weeks/with a moral waiver (071211) and a medical waiver (071015) Current ENL Service: 01 Yrs, 01 Mos, 09 Days ????? Total Service: 01 Yrs, 01 Mos, 09 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 92G10 Food Service Operations GT: 114 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Albany, KY Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 March 2009, the applicant was charged with absenting herself from her unit AWOL x 6 (090308-090310), (090129-090218), (090126-090129), (090123-090125), (090109-090112), (090107-090108); without authority, failing to go at the time prescribed to her appointed place of duty x 13 (090226), (090225), (090223), (090220), (090219), (090125), (090115), (090113), (090106), (090106), (090105), (081222), (081203); without authority, leaving her appointed place of duty x 3 (090129), (090125), (081121); disrespectful in language toward a noncommissioned officer (SSG) (090109); and stealing pay and allowances, military property, of a value in excess of $500, the property of the United States Government between (080901-081115). On 9 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 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 submitted a statement in her own behalf. The unit commander recommended approval of the Chapter 10 request with a general, under honorable conditions discharge. The intermediate and senior intermediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 1 May 2009, 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. The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "4." 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 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, 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 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 that the applicant was aware of that prior to requesting discharge. By the misconduct, the applicant diminished the quality of her service below that meriting a general, under honorable conditions or a fully honorable discharge. The applicant contends that she went AWOL to take her kids back from her husband. The applicant had many legitimate avenues (i.e., Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers) through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Additionally, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as "3." The analyst recommends that block 27, reentry eligibility (RE) code be administratively corrected to "4." Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found 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: 28 September 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (101011); Self-Authored Statement; and a DD Form 214, dated (090508). 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 found that someone in the separation process erroneously entered on the applicant's DD Form 214 block 27, reentry eligibility (RE) code as "3." In view of the error the Board voted to administratively correct block 27, reentry eligibility (RE) code to "4." Except for the forgoing modification to the applicant's reentry eligibility (RE) code, 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: Correct block 27, reentry eligibility (RE) code to "4." 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 AR20100027522 ______________________________________________________________________________ Page 1 of 3 pages