Applicant Name: ????? Application Receipt Date: 2009/11/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "While on deployment I was engaged to a my girlfriend and was going to marry her upon my return home from the war in Iraq. During the month of November 2007 I was scheduled for my rotation of leave by the unit I was attached to in Iraq. Upon returning to my home in San Diego ,California. I was excited to pay a visit to my bride to be. When I went into the secured apartment were she resided to sign-in I was informed that she had passed away for a sudden illness. I was devastated to say the least upon hearing of her death. I felt lost and alone and needed to find some closure to such tragic news. I was not a drinking man at the time and hadn't been for quite some time. I thought I would find the some closure in a bottle of alcohol. I was terribly wrong. I drank myself to the point that I lost track of all time. Before I knew it my time to return back to the war zone in Iraq had lapsed over 30 days, at which time I sobered up and contacted the units chain of command. I informed them that of my intentions of turning myself in at the nearest military installation. Which I did immediately. I spent the rest of my deployment at Fort Sill , OK. At the Process Control Facility(PCF). This letter is sent with the following information regarding my girlfriends death. Please contact me at anytime if further information is needed in order to assist in making your decision in regards to my discharge status, which I am hoping and praying to have upgraded. I received my 20 years letter of eligibility for retirement upon returning home from active duty. I was a national guardsman for the state of California at the time of my deployment. I was informed by the retirement personnel whom I contacted at the retirement facility, that I would need to have my discharge upgraded in order to receive my retirement benefits." 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: 080403 Discharge Received: Date: 080530 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 160th IN Det (LRS), Camp Slayer, Iraq Time Lost: 104 days, AWOL (071206-080319), surrendered. 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: 46 Current ENL Date: OAD 070621 Current ENL Term: NTE 400 days Years ????? Current ENL Service: 00 Yrs, 07Mos, 26Days ????? Total Service: 23 Yrs, 07Mos, 04Days Includes inactive service Previous Discharges: RA 790820-820816/HD USARCG 820817-850115/NIF ARNG 850116-950515/HD ARNG 950516-020524/GD OAD 011008-020307/HD OAD 070214-071205/HD ARNG 080320-080801/UOTHC Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11C10/Indirect Fire Infantryman GT: NIF EDU: GED Overseas: SWA Combat: Iraq (070820-071205) Decorations/Awards: AAM, AGCM, ARCAM-2, NDS, GWOTSM, ICM W/CS, NCOPDR-2, ASR, OSR V. Post-Discharge Activity City, State: San Diego, CA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 3 April 2008, the applicant was charged with being AWOL (071206-080319). On 4 April 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 he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant submitted a statement in his own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 16 May 2008, 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. 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 and documents submitted with the application, the analyst found no mitigating factors which 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 the applicant was aware of that prior to requesting discharge. Furthermore, the analyst noted the applicant's issue about the death of his girlfriend and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The initial charge sheet shows the applicant was being charged with desertion and with providing an official false statement. He told the rear detachment personnel he could not make it back to Iraq because “his father had died” a statement which was false. In view of the foregoing, the analyst determined 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: 18 August 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Discharge Orders, a self-authored statement, and a 2-page document "in loving memory." 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090020749 ______________________________________________________________________________ Page 1 of 3 pages