Application Receipt Date: 070726

Prior Review    Prior Review Date: None

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

Issues: See DD Form 214 and attached documents.

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: NIF
Discharge Received:     Date: 040910
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: HHC U.S. Army, Fort Myer, VA 22211

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  670117
Current ENL Date: OAD/030804    Current ENL Term: 3 Years  2 Mos, 26 Days
Current ENL Service: 01  Yrs, 01 Mos, 07 Days      
Total Service:  15  Yrs, 06 Mos, 05 Days      
Previous Discharges: RA-871229-921125/HD
                                       ARNG-921126-980322/NA
                                       OAD-980323-030803/NA
                                    (Continuous active duty/AGR)
Highest Grade: E7
Performance Ratings Available: Yes    No
MOS: 42L1P4A   GT: NIF   EDU: NIF   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, ARCAM, NDSM, SWASM w/3 BSS, AFRM,
NCOPDR, ASR, OSR, KLM, ALB, OHAM, OHFSR/M
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant claims he is a successful real
estate agent in the Maryland area and fully committed a Christian family
lifestyle.  The applicant states that he is a member of the Cavalry Gospel
Church and serves on the prison, and music ministry, and as an usher in his
church.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s
discharge from the Active Guard/Reserve are not contained in the available
records.  However, the evidence of record shows that on 1 September 2004,
the separation authority approved the discharge with an under other than
honorable conditions discharge, with an SPD Code of KFS, and a reenlistment
eligibility (RE) code of "4."  The applicant was to be reduced to the
lowest enlisted rank.  On 10 September 2004, Departments of The Army and
The Air Force, National Guard Bureau, Arlington, VA, Orders 254-2
discharged the applicant from the Active Army National Guard/Reserve,
effective date:  10 September 2004.

      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 available military
records during the period of enlistment under review, the issue and
documents he submited, the analyst found no mitigating factors that would
merit an upgrade of the applicant's discharge.  The applicant’s record is
void of facts and circumstances concerning the events that led to a
discharge from the Active Army National Guard/Reserve.  However, the
applicant’s record does contain the separations's authority memorandum
discharging him from the Active Army National Guard/Reserve.  This document
identifies the reason and characterization of the discharge and the analyst
presumed Government regularity in the discharge process.  The evidence of
record shows the applicant was discharged under the provisions of Chapter
10, AR 635-200, in lieu of trial by court-martial.  In connection with such
a discharge, the applicant was charged with the commission of an offense
punishable under the Uniform Code of Military Justice (UCMJ) with a
punitive discharge.  Procedurally, the applicant was required to consult
with defense counsel and to voluntarily, and in writing, request 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.  In the absence of information to the contrary, it is
presumed that all 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 would have been 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.





























VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 1 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
discharge was both proper and equitable, and voted not to change it.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

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

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder