Applicant Name: ????? Application Receipt Date: 2010/05/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states "When I joined the Army, I was 17 years old. It was my first time away from home, and I was a scared kid. When I got sick leave due to a stress fractured foot, I never reported back for duty. It was a stupid, childish mistake that I have regretted ever since. I forgot the oath I took, dishonored myself, and have not been able to hold my head high since. That was over 10 years ago now, I am no longer a kid - I've matured, graduated college, and want to serve my country. This is not about needing a job, I have a good one. My life would certainly be easier if I just stuck it out here. But the easy way out is what caused my problem years ago. I love my country, and want to give something back. I swore an oath to defend the country and the constitution; years ago I forgot what that was, and now that I want to fufill it, I cannot - not without your help. I am honestly not sure what action to request. I'm a different person than I was 10 years ago. If I could talk to that scared kid, I would tell him taking the easy way out wasn't worth a decade of being ashamed. All I want is to be able to join the Army again. I want to fufill the oath I took years ago. I want to be able to live up to the Army values, which I know I posess. Regardless of your decision, I thank you for your time. It is more than I deserve, but I can't fix my life's biggest mistake without your help, so I have to ask." 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: 000404 Discharge Received: Date: 000918 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company E, 2nd Battalion, 19TH Infantry, Fort Benning, GA. Time Lost: AWOL x 1 from (990602-990711) for 40 days, surrendered to the military authorities at 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: 17 Current ENL Date: 990127 Current ENL Term: 4 Years 17 weeks Current ENL Service: 1 Yrs, 6 Mos, 12 Days The computation includes 426 days of excess leave from (990721-000918) Total Service: 1 Yrs, 6 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 127 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant stated in his issue that he has graduated from college (i.e., The University of Alabama in Huntsville). VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 July 1999, the applicant was charged with AWOL from (990602-990712). On 20 July 1999, 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 submitted a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 29 May 2000, 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 analyst noted the applicant's issue that when he joined the Army, he was just a 17 years old and It was his first time away from home, and he was a scared kid. The analyst found that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. The applicant further contends that all he wants is to be able to join the Army again and fufill the oath he took years ago. 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: 11 February 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application dated 19 May 2010, and a copy of his Bachelor of Arts Degree from the University of Alabama in Huntsville dated in the month of May 2009. 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 1 No change 4 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 AR20100015659 ______________________________________________________________________________ Page 2 of 3 pages