Application Receipt Date: 060324 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she believe that after you hear the reason that I went awol that you to might agree with me that it was a justified reason under my circumstances to leave and that I shouldn't be charged with such a harsh punishment. And I would like to get back in the military and it is almost impossible to get in with my discharge. Let me start from the beginning. While I was in basic training, I had two heat strokes that can be fatal and the only thing they did for me is have me on IV's for a certain period of time. During these nine weeks of training I also experienced nose bleeds everyday and vomited continuously. They always seem to blame it on the heat or dehydration. Then, when I was in AIT I started to experience intense pain in my abdomen. At first they thought it was just strong cramps and gave me medication to calm the pain down but they soon begin to notice that they came and stayed more frequently. I soon begin to have pain so bad that it felt like someone was stabbing me from the inside out. I couldn't walk straight anymore and couldn't participate in any physical training. I had to go to the clinic and then to the hospital on a daily basis trying to figure out my diagnosis. They started to come up with some solutions for my problems claiming that they needed to take out certain organs to stop the pain (for example my pancreas was first but then they came up with taking my appendix, at last they blamed it on my kidneys). I started to think about how these doctors might not know what they were talking about and they had me on so many different kinds of medication for who even knows why. I would say around ten of them all at once which I can prove in my medical records. I couldn't do anything because I was on bed rest all the time unless I had an appointment or to go to the bathroom. I no longer went to school, to eat, or even to formations. Someone was required every meal to bring my food back to the barracks. I was depressed, sick, and scared. I requested for a leave of absences to go home to see my own doctor and get their personal opinion since that was someone who I knew and trusted and knew my body pretty well. But I was denied my leave. Soon after I got desperate and thought me leaving on my own was my last option and this I did. I went off base without permission and caught a bus and was in pain and agony all the way home taking over twenty hours. I called my doctor the next day and made an appointment. She got me in as soon as she could and begin to run test immediately. After the results came back we realized that the problem exist in my ovaries and fallopian tubes called endometrosis. Which of course none of the army doctors even thought of. We scheduled for the surgery and had it in Southview Hospital, which I also have record of. I was then put on bed rest and right after I was off I went back and turned myself in. I feel really sorry for what I did and this should not reflect my character in any way. I am a good person and do believe in correct punishment I did not complain when I was sent off to Fort Knox to serve my punishment and wait to hear my judment from the court system. But I just believe that this should not be a cause of me not being able to serve in something I so strongly believe in which is my country. I volunteered to join the military and now because of something that I felt was necessary I can no longer get back in. I just wished that you believe what I did was right under my circumstances and will change my discharge. Thank you for taking the time to read my story. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 050329 Discharge Received: Date: 050409 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company A, 369th Adjutant General Battalion, Fort Jackson, SC 29207 Time Lost: AWOL for a total of 33 days from (050209-050311). She surrendered to the military authorities at Fort Jackson, SC and transferred to Fort Knox, KY Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850301 Current ENL Date: 040714 Current ENL Term: 4 Years ????? Current ENL Service: 0 Yrs, 7 Mos, 23 Days The applicant was placed on excess leave for a total of 9 days, from (050331-050408) Total Service: 0 Yrs, 7 Mos, 23 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 17 March 2005, the applicant was charged with AWOL, from (050209-050312). On 17 March 2005, 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 31 March 2005, 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 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 she submitted, 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 January 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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, voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 26 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004380 Applicant Name: ______________________________________________________________________ Page 3 of 7 pages