Applicant Name:  ?????

Application Receipt Date: 2008/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "When I was 20 years old I was young and liked to push things to the edge.  This included creating a fake ID so I could get into local bars and drink.  At the time I could not see how this would impact my future, let alone my career in the Army.  I never let these events affect my job performance as a soldier.  I chose the method of action and discharge on advice of JAG counsel.  I was initially given an article 15 for my altering ID, however counsel suggested challenging the charges on the method of discovering the evidence.  On the day of my court-martial my counsel told me I didn’t have a chance and that I would “die a death of a thousand cuts”.  Seeing no other way out, I took the chapter 10 discharge.  Since that day I have regretted my actions from creating the fake ID to not excepting my initial punishment and having the chance to set my career on the right path.  I believe that I was born to serve my country in some way, since my discharge I felt that I can not complete this obligation.  I wake up every morning know that I failed my country and fellow soldiers.  After nine years of this punishment, plus lost jobs due to discharge status, I would like to have my status changed.  If my status is changed to “Honorable” it is my attention to apply for enlistment into the reserves.  I want the chance to repay the military for the wrong in which I did.  I am currently a computer tech for a public school district.  Teaching and helping teachers and students with educational issues and needs.  I now am in a position to help and educate children about the right thing to do in life.  A lesson I learned the hard way.  In conclusion, I believe that I have more than paid for my stupidity. I was a good soldier.  I would like the chance to enlist into the reserves and repay the military with what ever serves I can provide.  I was a good soldier, I took pride in my work and honor in the men and women I served with."

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: 991119   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHB, 2nd Bn, 43rd ADA, 108th Bde, Fort Bliss, TX 

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:  18
Current ENL Date: 970714    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 06Days ?????
Total Service:  		02 Yrs, 04Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 31R10/Mult-Channel Trans Sys Opr   GT: 113   EDU: HS Grad   Overseas: Saudi Arabia   Combat: None
Decorations/Awards: AAM-2, AFEM, ASR

V.  Post-Discharge Activity
City, State:  Chandler, AZ
Post Service Accomplishments: The applicant states that he is currently a computer tech for a public school district,  teaching and helping teachers and students with educational issues and needs.

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, 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., in lieu of trail by court-martial) with a reentry eligibility (RE) code of "4."  The evidence of record further shows that on 16 November 1999, DA, HQ, US Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX, Orders 320-0008, discharged the applicant from the Regular Army, effective date: 19 November 1999.

       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 during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would warrant a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  While, the analyst does not condone the applicant’s misconduct, there was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length and quality to warrant an upgrade of the discharge being reviewed.  Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for discharge and the reentry eligibility (RE) code remains both proper and equitable.  This action entails a restoration of grade to SPC/E-4.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted 3 pages of additional documents in support of his personal appearance hearing.






VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh 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.  However, the Board determined that the reason for discharge and the reentry eligibility (RE) code were both proper and equitable and voted not to change it.  This action entails a restoration of grade to SPC/E-4.
        
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: SPC/E-4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015315
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