Applicant Name:  ?????

Application Receipt Date: 2009/02/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 submitted by the applicant in lieu of DD Form 293.

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 070106   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 655th Trans Company Rebuild Mob, Edinburg, IN 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 051109    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 04Mos, 15Days block 12c on the DD Form 214 net active service this period, is incorrect and should read 01 Yrs, 04 Mos, 15 Days.
Total Service:  		06 Yrs, 10Mos, 08Days block 12e on the DD Form 214 total prior inactive service, is incorrect and should read 05 Yrs, 05 Mos, 23 Days.
Previous Discharges: 	USAR 000229-050821/NA
                                       AD-050822-051108/HD
                                        (Concurrent Service)
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 68M10 Nutrition Care Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (051126-061128)
Decorations/Awards: ARCOM, ARCAM, NDSM, ICM, ASR, OSR, AFRM-W/"M" DEV, GWOTSM

V.  Post-Discharge Activity
City, State:  Winston-Salem, NC
Post Service Accomplishments: None Listed 

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 a 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 of 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 trial by court-martial), with a reentry eligibility (RE) code of "NA."  The applicant was to be reduced to the lowest enlisted rank.
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "NA;" however, the applicant's discharge under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial, which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "4." 

       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 and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which not authenticated by the applicant signature.  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, with a characterization of service of under other than honorable conditions.  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. Barring evidence 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, the analyst noted the applicant's issue; however, at the time of discharge the applicant was inappropriately assigned a reentry eligibility (RE) code of “NA.”  The correct RE code for Chapter 10, AR 635-200, by reason of for the good of the service-in lieu of trial by court-martial, is RE code of “4”.  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  Further, the analyst determined 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. Finally, the analyst determined 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 the former Soldier 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.  
       
       Also, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "NA."  The analyst recommends that block 27 be administratively changed to "4" as the applicant was discharged under the provisions of Chapter 10, AR 635-200.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code 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: 13 November 2009         Location: Washington, DC

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 directs ARBA St. Louis to administratively change block 27, reentry eligibility (RE) code to "4."  Except for the forgoing modifications to the applicant's Reentry Eligibility (RE) Code, 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: No Change
Other: The Board directs ARBA Support Division-St Louis to administratively change block 27, reentry eligibility (RE) code to "4." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090004197
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