Applicant Name: ????? Application Receipt Date: 2010/01/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he had a fiance of eleven years back at home in North Carolina, who had cancer for 4 years prior to him enlisting in the Army. He was not aware that it was fatal. When he was in basic training she became ill and was hospitalized and he could not speak to her over the phone. He tried everything he could to try to go see her, but the Army would not let him due to her not being his wife at the time. The thought of him not being there affected his performance for a few days and finally he had to leave to be with her. His goal in life is to reenlist in the military some way some how. Since he has received a discharge, he has been working and has taken no handouts from anyone and does everything on his own. He is not looking for this discharge upgrade to come as a ticket out of something just to help him get one step closer to his goal. 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: 061016 Discharge Received: Date: 061101 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company C, 82nd Chemical Battalion, 3rd Chemical Brigade, Fort Leonard Wood, MO Time Lost: AWOL x 1 from (060508-060914) for a total of 130 days. The applicant was apprehended by the civilian authorities at Gibsonville, NC and was transferred to 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: 19 Current ENL Date: OAD/060323 Current ENL Term: 19 weeks Years ????? Current ENL Service: 0 Yrs, 3 Mos, 2 Days The computation includes 30 days of excess leave from (061003-061101) Total Service: 0 Yrs, 3 Mos, 18 Days ????? Previous Discharges: USAR 060307-060322/NA Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: GED Cert Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 2 October 2006, the applicant was charged with AWOL from (060508-060915). On 2 October 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 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 of an under other than honorable conditions discharge. On 18 October 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 applicant contends that he had a fiance of eleven years back at home in North Carolina, who had cancer for 4 years prior to him enlisting in the Army. He was not aware that it was fatal and when he was in basic training she became ill and was hospitalized. He could not speak to her over the phone and he tried everything he could to go see her, but the Army would not let him due to her not being his wife at the time. The thought of him not being there affected his performance for a few days and finally he had to leave to be with her. His goal in life now is to reenlist in the military some way some how. While the applicant may believe his fiance's medical condition back home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 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: 1 October 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 3 January 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 AR20100006999 ______________________________________________________________________________ Page 1 of 3 pages