Application Receipt Date: 070726 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 214 and attached documents. 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: NIF Discharge Received: Date: 040910 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: HHC U.S. Army, Fort Myer, VA 22211 Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: OAD/030804 Current ENL Term: 3 Years 2 Mos, 26 Days Current ENL Service: 01 Yrs, 01 Mos, 07 Days ????? Total Service: 15 Yrs, 06 Mos, 05 Days ????? Previous Discharges: RA-871229-921125/HD ARNG-921126-980322/NA OAD-980323-030803/NA (Continuous active duty/AGR) Highest Grade: E7 Performance Ratings Available: Yes No MOS: 42L1P4A GT: NIF EDU: NIF Overseas: Korea Combat: None Decorations/Awards: ARCOM, AAM, AGCM, ARCAM, NDSM, SWASM w/3 BSS, AFRM, NCOPDR, ASR, OSR, KLM, ALB, OHAM, OHFSR/M V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant claims he is a successful real estate agent in the Maryland area and fully committed a Christian family lifestyle. The applicant states that he is a member of the Cavalry Gospel Church and serves on the prison, and music ministry, and as an usher in his church. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Active Guard/Reserve are not contained in the available records. However, the evidence of record shows that on 1 September 2004, the separation authority approved the discharge with an under other than honorable conditions discharge, with an SPD Code of KFS, and a reenlistment eligibility (RE) code of "4." The applicant was to be reduced to the lowest enlisted rank. On 10 September 2004, Departments of The Army and The Air Force, National Guard Bureau, Arlington, VA, Orders 254-2 discharged the applicant from the Active Army National Guard/Reserve, effective date: 10 September 2004. 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 available military records during the period of enlistment under review, the issue and documents he submited, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Active Army National Guard/Reserve. However, the applicant’s record does contain the separations's authority memorandum discharging him from the Active Army National Guard/Reserve. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. In the absence of information to the contrary, it is presumed that all 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 would have been aware of that prior to requesting discharge. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not 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. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 1 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: ????? Witnesses/Observers: ????? Exhibits Submitted: ????? 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 0 No change 5 - Character Change 0 No change 5 - 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted not to change it. , Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: ????? Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE