Applicant Name:  ?????

Application Receipt Date: 2009/05/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the reentry eligibility (RE) code in order to reenlist in the active Army.  He relates that his former wife's mental issue led to his misconduct.  Also, he further states that he was being treated for  mental health issues; his court-martial and discharge process were taking too long.  

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: 060125
Discharge Received: 			   Date: 060203   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 2nd Bde Combat Team, Fort Drum, NY 

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:  19
Current ENL Date: 041026    Current ENL Term: 03 Years  19 Weeks/with an approved medical waiver (041012)
Current ENL Service: 	01 Yrs, 03Mos, 08Days block 12a on the applicant's DD Form 214 date entered active duty this period is incorrect, should read (041026), see enlistment contract. 
Total Service:  		01 Yrs, 03Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 97   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Minot, ND  
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 January 2006, the applicant was charged with conspiring to commit larceny of a value of $3,352.57, property of  the Army and Air Force Exchange Service (AAFES (051028), absenting himself from his unit (051215-060105), stealing various merchandise, of a value in the amount of $2,314.44 (051028),  property of  the Army and Air Force Exchange Service (AAFES).  On 24 January 2006, 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       
       On 26 January 2006, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested 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.  The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. 
       
       By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
             The analyst noted the applicant's issue that he was being treated for mental health issues, his court-martial and discharge process were taking too long.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       Further, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  
       
       Regarding the applicant's issue of desiring a change to the reentry eligibility (RE) code in order to reenlist in the active Army.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.   
       
       Therefore, the analyst determined that the reason for discharge, 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: 21 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted the following documents:  a Self-Authored statement, dated (090428); Five (5) Character Statements, (No Date), dated (080115), dated (080123), dated (080226), and dated (080115); DD Form 214, dated (060203); Letters, two (2) United States Senator, dated (100204), (091228); Applicant's Letter Changing Personal Appearance Location, dated (100204); Senator's Return Address Form, dated (090611); Chief, Congressional and Special Actions Letter, dated (091117); Fax Cover Sheet, dated (090911); OCLL Control Sheet, dated (091011); FOUO Letter, dated (091211); and Duplicate DD Form 293, dated (090105).   

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 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: None














Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008581
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