IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080007862


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her reentry eligibility code be changed.

2.  The applicant states that she wants a second chance to serve her country proudly.  She continues that her discharge was changed from other than honorable to general under honorable conditions and that her reentry code should reflect the same change as the characterization.  The applicant acknowledges her actions were harmful to the unit’s mission and states that she was a private and should have received Uniform Code of Military Justice discipline for her actions.  She also states that would like to show the kids in the juvenile justice center that you can always make up for a mistake.

3.  The applicant provides no additional documentary evidence in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that she enlisted in the Regular Army on 18 April 2003.  She completed basic training and advanced individual training and was awarded the military occupational specialty 25Q (Multichannel Transmission Systems Operator).  The highest rank the applicant achieved was private first class/pay grade E-3.

2.  On 6 May 2005, the applicant was charged with four violations of the Uniform Code of Military Justice which included one specification of Article 90 for willfully disobeying a lawful command from her commanding officer on or about 1 March 2005 and on or about 1 April 2005 to have no contact with a specified noncommissioned officer; one specification of Article 92 for wrongfully having a personal and sexual relationship with a superior noncommissioned officer in violation of Army Regulation 600-20 (Army Command Policy) which created an actual or clearly predictable adverse impact on the discipline, authority, morale, or the ability of the command to accomplish its mission; one specification of Article 107 for making a false official statement on or about 26 June 2005 that she had been raped by four fellow Soldiers; and two specifications of Article 134 for wrongfully having sexual intercourse with a married noncommissioned officer not her husband, and wrongfully committing an indecent act with four Soldiers by twice having sexual intercourse with two Soldiers simultaneously.

3.  On 24 May 2005, the applicant’s company commander reviewed her request for discharge in lieu of trial by court-martial along with the preferred charges and recommended disapproval citing the applicant’s lack of cooperation by breaking the non-contact order.

4.  The applicant’s battalion and brigade commanders cited the applicant’s support to the chain of command in determining the facts of the case and recommended approval of her request for discharge in lieu of trial by court-martial with an other than honorable discharge under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations).

5.  On 13 June 2005, the staff judge advocate recommended approval of the applicant’s request for discharge in lieu of trial by court-martial and further recommended a discharge under other than honorable conditions.

6.  On 13 June 2005, the applicant’s request for discharge in lieu of trial by court-martial was approved.  The separation authority directed that the applicant be reduced to the rank of private/pay grade E-1 and issued an Under Other Than Honorable Conditions Discharge Certificate.

7.  On 23 June 2005, the applicant was reduced to the lowest enlisted grade of private/pay grade E-1 and discharged under other than honorable conditions.  Her DD Form 214 shows that she served a total of 2 years, 2 months, and 6 days of creditable active military service.

8.  On 1 June 2007 the Army Discharge Review Board approved the applicant's petition to upgrade the characterization of her discharge from under other than honorable conditions to general under honorable conditions.

9.  The applicant's military service records do not show any significant acts of valor during her military service.
10.  Item 25 (Separation Authority) of the applicant’s DD Form 214 shows the entry “AR 635-200 CHAP 10,” which provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.

11.  Item 26 (Separation Code) of the applicant’s DD Form 214 shows the entry “KFS,” which is applied to an individual separated for the good of the service in lieu of trial by court-martial.

12.  Item 27 (Reentry Code) of the applicant’s DD Form 214 shows the entry “4,” which is applied to an individual separated from the service with a nonwaivable disqualification rendering the applicant ineligible for enlistment.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of this 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 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.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

14.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her reentry eligibility code should be changed to reflect the same change as the characterization of her discharge was carefully considered and determined to be without merit.

2.  The applicant acknowledged that her actions were harmful to the unit’s mission.

3.  The applicant’s consultation with legal counsel and her written request for voluntary discharge in lieu of trial by court-martial were not available for review; however, the available evidence supports the presumption of Government regularity in the discharge process.

4.  Although the Army Discharge Review Board approved the applicant's petition to upgrade the characterization of her discharge to general under honorable conditions, the separation authority, separation code, and reentry code remained unchanged.

5.  The applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200.  The separation and reentry codes associated with this type of discharge are “KFS” and “RE-4” per the cross-reference tables in effect at the time.  Therefore, based on the available records, there is no basis to grant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____   __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



	________X____________
	CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007862



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ABCMR Record of Proceedings (cont)                                         AR20080007862



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