Applicant Name:  ?????

Application Receipt Date: 2009/07/22	Prior Review:     Prior Review Date: 081219/Denied/5-0    

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I request that my discharge be changed because it has been three years since my separation. I've developed and matured into a productive citizen, and is more that willing to serve my country again if the opportunity is granted.  I've endured hardship, however the experience has given me wisdom, and I would like the chance to be an advocate to a soldier in need.  My actions that dreadful day was unbecoming and was not in my character, due to Post Pardum Depression which went untreated resulted in illrational behavior. I take full responsibility and can confidently say that I am over it and are a changed woman."

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: 051109
Discharge Received: 			   Date: 051209   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 559 Quartermaster CO, 260th Quartermaster BN, Hunter Army Airfield, GA 

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:  23
Current ENL Date: 030228    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 09Mos, 10Days ?????
Total Service:  		9 Yrs, 00Mos, 06Days includes 3 years, 2 months 24 days of inactive service
Previous Discharges: 	USAR 961204-990825/HD
                                       ARNG 990826-000614/HD
                                       RA 000615-030227/HD Immediate reenlistment
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 42L10 Admin Sp   GT: 94   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, NDSM x2, KDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  College Park, GA
Post Service Accomplishments: The applicant states that she has volunteered at the Dept of Juvenile Justice for the past year, mentoring, and helping with programs for the youth.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 November 2005, the applicant was charged with stealing monies of the value of about $475 (050824) and wrongfully stealing certain mail matters (050831) all property of PFC F.  
       On 18 November 2005, 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 she understood that she 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 submitted a statement in her own behalf.  The unit commander and intermediate commander recommended approval of a Special Court-Martial empowered to adjudge a Bad Conduct Discharge.  
       On 28 November 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       The record contains an MP Report dated 7 October 2005. 

       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, under honorable conditions 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 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.  
       Furthermore, the analyst noted the applicant's willingness to serve her country again but 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. 
       Further, even though the applicant stated that her character was altered due to post partum depression, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       Additionally, the applicant was discharged under the provisions of Chapter 10, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial", and the separation code is "KFS."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.     
       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: 26 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A self- authored document (1 page), letter of apology (2 pages), DD Form 214, character letters (10 pages), awards and decorations (8 pages), enlisted record brief (1 page), PLDC academic evaluation report (1 page); chronological record of medical care (10 pages), memorandum from Chief, Social Work Services (1 page) and a self-authored statement dated 20 May 2010 (1 page). 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing her 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: NA






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 AR20090012560
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