Applicant Name:  ?????

Application Receipt Date: 2008/08/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect: "In 1996 I left Ft Hood and returned home to New York State to get married, at the time I was not alotted any leave and therefore went AWOL. After getting married I contacted the military and advised them that I wished to turn myself in and they advised me to respond to Ft Sill, Ok.  I turned myself in and the military staff there asked if I wanted to go back to my unit or did I want to be given a "General Discharge". I opted for the general discharge for two reasons; 1) I was unhappy in Ft Hood and was having problems (I had requested numerous transfers) and 2) I was young, recently married and was not thinking that the general discharge would affect me in my career.  After being discharged from the military, I continued my career in Law Enforcement. I have, since being discharged from the military police become a law enforcement officer in New York State and Florida. I was a New York State Peace Officer from 5/1997 to 7/1999 when unfortunately I divorced from my first wife. During that time I was awarded twice with line of duty commendations, Became a field training officer, an Emergency Medical technician and worked on the agency's Emergency Services Unit.  I relocated to Florida where I continued my career as a law enforcement officer. While in Florida I have furthered my career by continuing my college education (which I am almost completed my degree), I have taken numerous advanced trainings to better myself as a law enforcement professional, I was awarded over a dozen times by not only my agency but surrounding agencies as well. I was also promoted to the rank of Corporal and was made patrol supervisor and have functioned in an acting Sergeant's position for a period of time. I was named Police Officer of the Year for 2004 by the Wall-Rives Post #58 of the American Legion for service above and beyond the call of duty.  I left my agency in december of 2007 to participate in an overseas police advisor mission (Afghanistan) for the Department of State under contract with DynCorp. I have returned home now and find that I am now having trouble getting another contract for another mission due to my discharge and I also cannot get hired by any federal agencies in my career field.  I want to further myself as a law enforcement officer and I cannot do so with my discharge limiting me. I have tried so hard after my mistake of leaving the Army to better myself and I have stayed true to my career field. I feel I have so much more I can do but My discharge is limiting me at going further. Please consider my request for upgrading my discharge to an "Honorable" so that I may be able to continue my career that I have spent so long learning."  
The applicant provides several documents to support his post service accomplishments for the Board's consideration.

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: Not In File (NIF
Discharge Received: 			   Date: 961212   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court Martial	   RE:     SPD: KFS   Unit/Location: 64th MP Co, Fort Hood, TX 

Time Lost: 87 days, AWOL (960709-961003), surrendered.

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:  21
Current ENL Date: 960326    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 05Mos, 20Days Includes 64 days of Excess Leave (961010-961212)
Total Service:  		02 Yrs, 08Mos, 05Days ?????
Previous Discharges: 	USAR 940124-960325/HD
                                       IADT 940324-940722/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 95B10/Military Policeman   GT: 101   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Dunellon, FL
Post Service Accomplishments: The Applicant became a law enforcement officer and an emergency medical technician.  For other post service accomplishements, see supporting documentation attached. 

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 the 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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 provided by the applicant shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "3."   

       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 the entire applicant’s military record and the issue and documents 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 facts and circumstances concerning the events that led to a discharge from the Army.  The analyst noted that the applicants provided DD Form 214, Certificate of Release or Discharge from Active Duty, indicates that he was AWOL for 87 days (960709-961003).  This document identifies the reason and characterization of the discharge and the Analyst presumed Government regularity in the discharge process.  The DD Form 214 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 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, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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 characterization of service and reason for discharge 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: 27 May 2009         Location: Washington, D.C.

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 characterization of service is now too harsh based on the applicant’s length and quality of his service to include his post service accomplishments as a law enforcement officer in the civilian community, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-3/PFC.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: E-3/PFC
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013291
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