Applicant Name:  ?????

Application Receipt Date: 2008/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he had gone through a nasty divorce and my home life was in a wreck. I have remarried and between the two of us we have five children. i am now a pharmacy technician, my certification number is 310101050354446. I did not recieve counseling like i should of when i was enlisted. I did complete four years and had a honorable discharge from my first enlistment. I was a 45d, and at the time was the most sought after on fort hood. i have had no run ins with the law and try to help others when i can. When my trouble began i went to my platoon sgt. and told him my situation and he offered no help or did he refer my request to the battery first sgt. i could not get to the first sgt because he was deployed to NTC, for irwin.  i thought i did all i could and just did what i thought was right for my family at the time. i do regret that i did not follow up more, but things were getting desperate and i could not see any help from my chain of command. my first enlistment completion should show that i was very committed to my service and my country.  i just couldnt handle all that pressure at once and had a momentary lapse in judgement. thank you honorable sirs for your time

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: 	   Date: NIF
Discharge Received: 			   Date: 951030   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Battery, 1-82nd Field Artillery, 1st Cavalry Division, Fort Hood, TX 76545 

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:  22
Current ENL Date: Reenl/940616    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 4 Mos, 15 Days ?????
Total Service:  		7 Yrs, 0 Mos, 0 Days ?????
Previous Discharges: 	ARNG 881031-890730/NA
                                       ADT 890731-900119/Unchar
                                       ARNG 900120-900927/NA
                                       RA 900928-940615/HD 
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 45D10 SP FA Turret Mech   GT: 115   EDU: HS Grad   Overseas: Germany (910104-910920/prior service)   Combat: None
Decorations/Awards: GCMDL, NDSM, ASR, OSR, C/Ach

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See enclosed DD Form 293 submitted by the applicant.

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 Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, 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., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "3."  The evidence of record further shows that on 17 October 1995, Orders 290-128, DA, Headquarters, 1st Cavalry Division, Fort Hood, TX 76545-5101, discharged the applicant from the Regular Army, with an effective date of: 30 October 1995.  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 and the issue he submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the analyst noted that the applicant’s record does contain a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant.  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 issues outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  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: 21 January 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004824
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