Application Receipt Date: 060811	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that while serving in Afghanistan she was given her options regarding her discharge. She feel that her decision was based on fear and ignorance. Ido believe that I should have been punished but not to the extent of giving up my career. With this discharge I lost my lively hood and is now extremely hard for me to support my family as I did for the past 17 years in the military. I would like to complete my 3 years in the reserve if possile in order to receive my retirement benefits. I have devoted my life to the military, supporting and trusting  my leaders. My military performace had been perfect up to my discharge. Please allow me to serve the military once again and reenstate my rank to SSG. Thank you for your time.  

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: 050107
Discharge Received:     Date: 050226   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: HQ & HQ Detachment, 1-25th Military Intelligence Battalion, Combined/Joint Task Force-76, Bagram Airfield, Afghanistan, APO AE  09354 

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:  691008  
Current ENL Date: Reenl/010423    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 3 Yrs, 10 Mos, 3 Days ?????
Total Service:  17 Yrs, 5 Mos, 5 Days ?????
Previous Discharges: RA-870922-910417/HD
                                      RA-910418-930811/HD
                                      RA-930812-950418/HD
                                      RA-950419-980901/HD
                                      RA-980902-010422/HD
Highest Grade: SSG
Performance Ratings Available: Yes    No 
MOS: 92Y30 Unit Supply Specialist   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (040325-050119)
Decorations/Awards: ARCOM (3rd( Awd), AAM (5th Awd), GCMDL (5th Awd), NDSM, GWOTEM, GWOTSM, NCOPDR (2), OSR (2), ASR
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 19 November 2004, the applicant was charged with larceny, on or about 20 November 2002 through 7 July 2004, stole money, military property, of a value of about $32,913.99, the property of the US Government.  On 1 January 2005, 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 did not submit a statement in her own behalf.  On 6 January 2005, the unit commander recommended approval with a general, under honorable conditions discharge.  On 3 January 2005, the intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 8 January 2005, the separation authority approved the discharge with an under other than honorable conditions discharge.  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.  In view of the foregoing, 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: 8 August 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 3    No change 2   - 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 characterization of service was too harsh and as a result, it is inequitable.  The Board found that the length and quality of the applicant's service and the circumstances surrounding the discharge mitigated the discrediting entry in her service record.   Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.  This action entails a restoration of grade to "SSG/E6."  


















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: SSG/E6

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON				DATE: 22 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011619

Applicant Name:          
______________________________________________________________________


Page 6 of 6 pages