Applicant Name: ?????

Application Receipt Date: 070806	

Prior Review    Prior Review Date: None

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

Issues: I am asking for a request of change in my discharge due to civilian career.  I am in the process of recruitment in the Chicago Fire Department, and my current discharge status might enable my ability to proceed in hiring process. I served 6 years in the Army Reserves in good standings and was a dedicated Soldier serving beyond my Reserves obligation and responsibilites. I enlisted in the Illinois Army National Guard under the Try One in the Guard reenlistment agreement date of oath was 2004/05/24. I was ordered to active duty on 2005/01/03 in support of Operation Iraqi Freedom where I was stationed at Camp Stryker Baghdad, Iraq.  During the dates of 2005/09/10 to 2005/09/30 I returned to the United States for leave. While on leave I was hospitalized for cardiac reasons and did not return to Iraq. Reported to Ft. Stewart by self on 2005/12/06 and was directed to report in person to Ft. Knox where I was discharged in lieu of court martial. I was told to prepare a statement and I would be discharged as a general under honorable conditions due to my time served and prior good standings to incident and past awards. I received my DD 214 months later and was unable to change any past agreements.  I wish not to gain anything but to proceed in my civilian career hire process so I can provide a better life for my family and self.  I hope that my prior dedication to the Army before this unreasponsibe decision is enough to grant my request. Thank you for you 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: NIF
Discharge Received:     Date: 060224   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: A Co, 133rd Sig Bn, APO AE 09372 

Time Lost: AWOL for 104 days (051210-060125), surrendered.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7909  
HOR City, State: Chicago, IL
Current ENL Date: 050103/OAD    Current ENL Term: 00 Years  545 Days/The applicant was involuntarily extended for the convenience of the Government through the year 2031 under provisions of 10 USC 12305.
Current ENL Service: 00  Yrs, 10 Mos, 08 Days ?????
Total Service:  07  Yrs, 05 Mos, 07Days Includes 22 days of excess leave (060203-060224).
Previous Discharges: USAR-980604-980727/NA
                                      ADT-980728--981208/UNC
                                      USAR-981209-040523/NA
                                      ARNG-040524-050102/NA
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 25Q Multi-Channel Transmission System Operator/Maintainer   GT: 107   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (Dates NIF)
Decorations/Awards: AAM-2, NDSM, HSM, AFRM/w "M" DEV, ASR, ARCOTR, 

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e.,for the good of the service-in lieu of trial by court-martial), with a reentry eligibility (RE) code of "4."  On 21 February 2006, DA, HQ, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, Orders 052-01622, discharged the applicant from the United States Army Reserve, effective date:  24 February 2006.  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 available military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant' signature.  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, for the good of the service-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, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It 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, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, 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: 6 August 2008              
Location: Washington, DC

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 1    No change 4   - 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.  
























								        
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: 11 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010865
______________________________________________________________________

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