Applicant Name:  ?????

Application Receipt Date: 2009/03/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant.

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: 941213
Discharge Received: 			   Date: 941228   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHB, 1-41st Field Artillery Bn, Fort Stewart, GA 

Time Lost: AWOL for 11 days (941012-941023), surrendered.

Article 15s (Charges/Dates/Punishment): 940721, at Fort Stewart, GA, on or about 7 July 1994, without authority, the applicant failed to go at the time prescribed to his appointed place of duty; reduction to Private First Class (E-3), forfeiture of $226.00 pay per month for one month, suspended, to be automatically remitted if not vacated on or before 21 January 1995, extra duty for 14 days, restriction to the Brigade area, dining/medical facility and place of worship for 14 days (CG).

940916, vacation of suspension of prior punishment, at Fort Stewart, GA, on or about 8 August 1994, the applicant stole certain items, to wit: two sets of BDU, a radio, a Sega video game system, a Sony Discman, 12 assorted Sega game cartridges, of a value of approximately $958.00, the property of another Soldier (FG).

940919, at Fort Stewart, GA, on or about 7 August 1994, the applicant, without authority, did absent himself from his unit, and did remain so absent until on or about 8 August 1994; reduction to Private (E-2), forfeiture of $250.00 pay per month for two months, and extra duty for 14 days (FG).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 910801    Current ENL Term: 3 Years  ?????
Current ENL Service: 	03 Yrs, 04Mos, 16Days (extended enlistment for an additional 3 months pending a personnel action).
Total Service:  		03 Yrs, 11Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 98   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, AGCM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 December 1994 the applicant was charged with failure to leave correct contact information while assigned to the Division Readiness Force; failure to report to his unit after being notified that the Division Readness Force had been alerted; making a false statement to a non-commissioned officer.   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 and intermediate commander recommended approval of an under other than honorable conditions discharge.  On 14 December 1994, the separation authority approved the discharge with characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Notwithstanding the propriety of the Applicant's discharge, the analyst noted that someone in the discharge process erroneously entered on the Applicant's DD Form 214, block 27, Reentry Code, as RE 3.  Separation Program Designator (SPD) Reentry (RE) Codes Cross-Reference Table, dated 15 June 2006, specifies the RE Code for SPD KFS, which the Applicant received, shall be RE 4.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 27 to reflect RE 4.  With the exception of the foregoing modification to the Applicant's reentry code, the analyst determined that the discharge was both proper and equitable and recommends to the Board to deny relief. 
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 September 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000302
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