Application Receipt Date: 061116	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the Applicant.

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: 040927
Discharge Received:     Date: 041216   
Chapter: 10     AR: 635-200
Reason: In lieu of trial by court martial
RE:     SPD: KFS 
Unit/Location: A CO, 305th Military Intelligence BN, 111th MI BDE, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  740208  
Current ENL Date:   040429    Current ENL Term:   3   Years   The Applicant's DD214 block 12.a  erroneously lists the Date Entered Active Duty this period as 19970222.  The correct entry is 20040429 because the applicant re-enlisted therefore completing her second  full term of service with an Honorable discharge.
Current ENL Service:   00  Yrs,   07 Mos,   18Days      
Total Service:   09   Yrs,  07 Mos,   11  Days   The applicant's DD Form 214 (20041216), Blk 12a, and Enlisted Record Brief (dtd 20041122) reflect a Date Entered Active Duty of 19970222.  The earliest Enlistment Contract (DD Form 4/1) in her file reflects an Enlistment Date (Blk 5) of 980911.  The Enlisted Record Brief Section IX shows her earliest assignment as 19970901 to HHC, 43d AG BN, Fort Leonardwood.  A review of the Applicant's IPERMs file did not produce any documents to support a Basic Active Service Date of 19970222. 
Previous Discharges: 
RA 980911-010426/ HD      
RA 010427-040429/ HD      
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 96D30  Imagery Analyst   GT: NIF   EDU: HS Grad   Overseas:   None     Combat:   Kuwait/Iraq (030127-040127)
Decorations/Awards: ASR / NDSM / GWOT / GWOTE / GCMDL 2d Awd/ ARCOM / Presidential Unit Citation
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 27 September 2004, the applicant was charged with wrongful use of marijuana(040623-040724), wrongful use of codine (040816-040818), wrongful possession of marijuana (040724), on diverse occasions committing sodomy (040709-040731), and on diverse occasions commit adultry (040709-040731).  On 22 November 2004, 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 she understood that she 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 her own behalf.  The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 18 November 2004, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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 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 she submitted, the analyst found no mitigating factors that 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 that the applicant was 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 and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 December 2007              
Location: Washington D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA 

Witnesses/Observers: NA  

Exhibits Submitted: NA



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 and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 

Case report reviewed and verified by: Edgar Yanger, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA 
Other: NA 
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016058

Applicant Name:  Ms.        
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