Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I made some mistakes in my career as a soldier and I LOVED (sic) being a Soldier and would give anything in this world to be one again.  I served my country great i (sic) did three deployments to the Middle East voluntarily and it wasn't for the money i (sic) wanted to make a difference i (sic) was in a postal unit and i (sic) took pride in my position and getting the soldiers their mail from their loved ones it was a great feeling to do Kabol (sic) runs to get the soldiers (sic) their goods. I was a well depended on soldier (sic) in my unit by giving selfless service and my bullets on my awards and NCOers will reflect that. I got in and got an article (sic) 15 when just didnt understand dicpline(sic) i (sic) got my act together and got my military and civilian education and i (sic) fast tracked and got on the right road i (sic) tried helping someone out that i (sic) thought was legit (sic) and didn't tell the truth the first time i'm (sic) not a criminal and i (sic) pray that all my hard word (sic) and dedication to the country can be considered in an upgrade in my discharge."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 040209   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Montgomery Military Entrance Processing Station (MEPS), Montgomery, AL 

Time Lost: None

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:  25
Current ENL Date: 021004    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 04  Mos, 06  Days ?????
Total Service:  		05  Yrs, 05  Mos, 13  Days ?????
Previous Discharges: 	ARNG-980827-980926/NA
                                       IADT-980927-990206/UNC
                                       ARNG-990207-990926/HD
                                       RA-990927-021003/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42L10 F5 Administrative Spec   GT: 108   EDU: 2 Years College   Overseas: Kuwait   Combat: None
Decorations/Awards: ARCOM-3, AAM-3, AGCM, NDSM, AFEM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: None Listed 




VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 4 November 2003, the applicant was charged with conspiring with AJD to commit larceny of $1,012.00, the property of MM, and in order to effect the object of the conspiracy the applicant gave his account information to AD in order for $1,012.00 to be transferred from MM's account to the applicant's account (021122); conspiring with AJD to commit larceny of $1,012.00, the property of USAA Bank, and in order to effect the conspiracy, the applicant did gave his account information to AJD in order for the $1,012.00 to be transferred from MM's account to the applicant's account (021122); on divers occasions, the applicant was derelict in the performance of duty by wrongfully using his government credit card for other than official government travel related expenses between (030203-030418); making a false official statement to Special Agent MTJ, to wit:  “I don’t know where Mr. D obtained the account numbers,” and “I never discussed stealing bank account numbers and then transferring funds into my account,” and “I never knowingly participated in any fraudulent activities,”  which statements were totally false (030429); stealing U.S. currency, of a value of $1012.00, the property of Sergeant MM (021122); stealing U.S. currency, of a value of $1012.00, the property of USAA Bank (021122); and being indebted to Bank of America, N.A., in amounts varying from approximately $290.76 to approximately $2257.17, for charges he made to his government credit card, which became due and payable at various times, failed to pay said debt between        (030405-031023).  On 5 January 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 he understood he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf. 
       
       On 26 January 2004, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The applicant's record contains a CID Report of Investigation, dated 13 November 2003.

       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 during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that 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.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       
       The applicant contends his hard word and dedication to the country can be considered in an upgrade of his discharge.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review.
       
       The applicant desires to be a Soldier again. 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: 18 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (111130).

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board

BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????























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 AR20110023692
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