Applicant Name:  ?????

Application Receipt Date: 2008/09/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect:  “I am applying to have my discharge upgraded or to be reenlisted back into the U.S. Army. There was  unjust error that took place on the behalf of the Army that I took part in. I had made a major mistake and also lied under oath. At the time I was very afraid for my family and decided that I would take the blame for something I did not do. After finding out the severity of my charges was I enlighten by my defense that I would be tried on what I admitted too, verses what was actually found. I was coached into admitting to something and was held without counsel for over 24 hours. I thought by admitting guilt to the charges that I would just be released to my company and face UCMJ. After speaking to counsel 2 days after questioning, I was informed on the charges against me and the consequences. I then told the truth to my counsel who informed me that she was leaving the Army and someone else would hear my case. I was passed to 3 personnel before being able to tell my side of everything. I admitted that I had done some things that were wrong, but this wasn't one of them. After spending some time with this trial all of the witnesses reclaimed the statements and I was going to be tried on what I was coached into saying versus what I really did.  I am man who was coached into saying something that was not accurate. I did admit to my faults and was told that I would be tried under perjury if I changed my story.  I have always maintain my half of the case stating that I was in a case that I should not be in. this case started in August of 1999 and did not end until May of 2000. I was originally set for November of 1999. All of the statements by the witnesses where withdrew and I was going to be tried on a coached confession. If I knew then what I know now I would not admit nothing unless it is total truth, not even half truths. I am truly sorry for what happen and wish I could turn back the hands of time for this case. I would not have taken the discharge without the court martial and would have seek counsel first before speaking with anyone.  I am a man that has promise his family that he would always provide for them. When I entered the Army in Nov. of 1993, I took an oath to serve and protect this great nation. I still feel that I need to complete this obligation. I have always want to renter the Army since the day I walked away. I now know that I was immature and made several immature decisions while serving. I know that I can have a positive impact on the Army and the moral of the soldiers. I know how it feels to be on both ends of the law now. I am a Loss Prevention Investigator for Beall's Inc, and have assisted many S.A. in their cases. I will bring a positive mature opinion to today's soldier and senior ranks. By lifting my bar will be a positive and influence decision that will effect hundreds if not thousands of people. Please consider this humble man, ( whose learned a lesson) to be reenlisted back into the Army or have his discharge upgraded to General.”

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: 000525   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: HHD, 24th PSB, Fort Stewart, GA 

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: 970821    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 05Days ?????
Total Service:  		06 Yrs, 06Mos, 14Days ?????
Previous Discharges: 	RA 931112-970820/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Spc   GT: 94   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM-2, AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Tallahassee, FL
Post Service Accomplishments: The Applicant states that he now works as a Loss Prevention Investigator.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of all the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record does contain General Court Martial Order number 14, DA, HQ, Fort Stewart, GA, dated 30 May 2000, which indicates the applicant was arraigned on the following charges:  committed sodomy with a child under 16 years, on divers occasions (990101-990531), indecent liberties with a female under 16 years on divers occasions (990401-990831), indecent assault upon a person not his wife (990401-990831).  The accused having been arraigned, the procedures were terminated on 5 May 2000 due to the approval of the applicant’s Chapter 10 request In lieu of trial by a General Court Martial.  The record contains 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 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 records and the issue and personal statement 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 all the facts and circumstances concerning the events that led to a discharge from the Army.  The analyst noted that the applicant’s record contains 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Additionally, the analyst noted 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.  Therefore, 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: 5 June 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013904
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