Applicant Name:  ?????

Application Receipt Date: 2008/04/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "I would like to change my REENTRY  Code from a 4 and other then honorable to general discharge.  I really would like to get back into the army....I miss it so much....I was young and dumb.....I will do anything! Please help me?  I am not sure if I am doing this right or not?  I was young There were alot of things going on in my unit at the time.  Many Soldiers were doing wrong things and were getting kicked out.  I fell in to a group of Soldiers that were bad new's, they was the only family/friends I had.  I really learned from my mistakes and I am wanting to rejoin the U.S. Army and Redeem my self.  Please....Please....I miss it sooooo much....I love the life style and hate Civillian."

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: 060213   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 3rd BCT, (Rear) (Provisional), Fort Carson, CO 

Time Lost: AWOL x 3 for 15 days (050922-050929), apprehended  (051121-051125), apprehended, and (051215-051217), apprehended; confinement civil authorities for 4 days (051129-051003).  Total time lost 19 days.  

Article 15s (Charges/Dates/Punishment): 050301, failed to report , failed to obey a regulation or policy, and failed to obey orders from a NCO, 7 days extra duty and 7 days restriction (Summarized). 

040910, wrongfully used marijuana between (040621-040722), forfeiture of $596 x2, extra duty for 45 days and restriction (FG).

The unit commander mentioned in his pre-trial confinement checklist that the applicant received a Company Grade Article 15 for underage drinking.  However, that document is not part of the available record.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030619    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 12Days ?????
Total Service:  		02 Yrs, 04Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 103    EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 December 2005, the applicant was charged with conspiracy to commit larceny of a computer of a value of more than $500, the property of another Soldier; AWOL from (050922-050929) and  (051215-051217); wrongful use of methamphetamine x 3 between (050610-050614), (051014-051017) and (051112-051116); wrongful use of  marijuana between (050514-050614), (050903-051003), (050917-051017), and (051016-051116); and wrongful use of cocaine between (051014-051017).  On 4 January 2006, 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 he understood that he 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 his own behalf.  The unit commander's documentation recommending approval of an under other than honorable conditions discharge is not part of the available record and the analyst presumed Government regularity in the discharge process.  The intermediate and senior intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 20 January 2006, 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.  
       
       The applicant's record contains two Military Police Reports dated 3 October 2005 and 4 October 2005.
       
       The applicant's record contains a CID Report of Investigation dated 19 September 2005.

       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 during the period of enlistment under review, and the issues he 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, the analyst noted the applicant's issue and determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Finally, 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.  In view of the foregoing, the analyst determined that the reason for discharge, the characterization of service, and the reentry eligibility (RE) code  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: 4 February 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 0    No change 5
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007988
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