Applicant Name:  ?????

Application Receipt Date: 2008/09/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states:  "I've been back in service since January 2003 I've been in 3 different unit fior the Army National Guard. My was with the 803rd Engineering Detachment from January 2003 - May 2007 I've been deployed with that unit at Iraq for 1 year. I didnot have any bad counseling and strainghten my military life again. I left the 803rd Engineer to be with 741st ORD BN to be their supply I attended my MOS'd at Camp Parks, CA for 92Y supply specialist last Feb 2008 - mar 2008 as I got back from MOSq''d SCHOOL. Got back form my school I got offered to be an NCO for 286th ENGINEERING COMPANY for my 21Juliet MOS which is located at Ellensburgh, WA I took the offer and now I'm an NCO again I will make sure that what happened before won't happen again in my life. I basically keep everything staraight while I was out and now that i'm back in the service I will continue be best behavior and be a good role model for the soldiers and the community specially now tht I'm in the Honor Guard Program I'm also a Team Leader in this Program for the South Central Team  I will continue my good behavior.  Hopefully I will be able to go back to active service one of this day I love what I'm doing in the Army specially wiht my new MOS. I consider my self one of a big asset in the Army either Army National Guard or Active service I'm focusing to come back in the active branch one day. I'm trying my best to get a job also to be in th Active Guard."

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
Discharge Received: 			   Date: 000622   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 14th EN Bn, Fort Lewis, WA 

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:  29
Current ENL Date: 970708    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 14Days ?????
Total Service:  		06 Yrs, 06Mos, 22Days ?????
Previous Discharges: 	RA 931201-970707/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 62J20/Gen Construction Eq Op   GT: 96   EDU: HS Grad   Overseas: Alaska, SWA   Combat: Iraq (051223-061218)
Decorations/Awards: AAM, NDSM, AGCM-2, ASR, OSR

V.  Post-Discharge Activity
City, State:  Lakewood, WA
Post Service Accomplishments: The Applicant rejoined the Army National Guard in 2003, was ordered to active duty (050927-070122), and served a combat tour in Iraq (051223-061228).  He was promoted to Sergeant in March of 2008.

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 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."   The record contains an Enlisted Evaluation Report that indicates the Applicant stole $10,000 from the U.S. Army.

       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 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 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.  The analyst acknowledges the applicant's successful return to the Army National Guard and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with him to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  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: 2 July 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

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 1    No change 4
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 AR20080014749
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