Applicant Name: ????? Application Receipt Date: 2010/03/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I would really like the oppotunity to re-enlist in the U.S. Army. Since my serperation from the Army I have made major changes in my life. I have attending counseling for my issue, and have grown up a tremmendous amount since then. I didn't take the time to understand what I had when I was enlisted last time and didn't focus on becoming a better person. Since my discharge I have dreamed of the day I might be given the chance to re-enlist and how this time, I would make it count. I just got married and have a baby girl on the way and would be incredibly greatful to be given this chance, so I can do what I was put on the earth to do, and thats be an outstanding husband, father, and US Soldier. Thank you for your time." 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: NIF Discharge Received: Date: 061213 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: B Co, 264th Med Bn MC, Ft Sam Houston, TX Time Lost: Total of 28 days (per DD 214) under 10 USC 972 for reasons unknown: 060423-060424; 060622-060623; 060805-060828; unknown mode of return. Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: IADT 060202 Current ENL Term: 34 weeks Years ????? Current ENL Service: 00 Yrs, 09Mos, 14Days ????? Total Service: 01 Yrs, 04Mos, 25Days ????? Previous Discharges: ARNG 050929-061213/UOTH (Concurrent Service) Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 103 EDU: HS GRAD Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Frisco, TX Post Service Accomplishments: The applicant states that he has attended counseling for his issue. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." 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 available military records, the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, 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. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application. However, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. 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 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: 23 February 2011 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: [ redacted ] Exhibits Submitted: None VIII. 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 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: N/A RE Code: Grade Restoration: No Yes Grade: ????? 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 AR20100009962 ______________________________________________________________________________ Page 1 of 3 pages