Applicant Name:  ?????

Application Receipt Date: 2009/07/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states, "I have a strong desire to continue my service, and feel I can be a valuable asset to the US Army.  Regardless of the outcome of the legal action taken against me by my unit in November 2000, my military career performance prior to this incident was outstanding as documents on evaluation reports, awards and certifficates of training and appreciation.  I acknowledge my lapse in judgement at the time of the incident, but simply put, the punishment levied is excessive for the charges made."

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: 001113
Discharge Received: 			   Date: 001201   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 1st Bn, 4th IN, Hohenfels, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000504, In that you did, on or about 28 April 2000, without authority, absent yourself from your appointed place of duty, to wit, report to the Post Commander's run at 0535, located at Hohenfels, Germany and you had remained absent until approximately 0610, after the run had already begun; through neglect miss movement to the Post Commander's Run; 7 days extra duty. (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 990629    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 02Days ?????
Total Service:  		11 Yrs, 02Mos, 05Days ?????
Previous Discharges: 	RA 950830-990628/ HD
                                  ARNG 940324-950829/ NA
                                     USN 890927-930928/ HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91B/Medical Spec   GT: 111   EDU: HS Grad   Overseas: SWA   Combat: Saudi Arabia (910117-910228)
Decorations/Awards: AAM, NDSM, SWASVCM W/ 3 BSS, KLM-SA, KLM-K, HSM, MUC

V.  Post-Discharge Activity
City, State:  Jeffersonville, VT
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 November 2000, the applicant was charged with wrongfully appropriate a Sony VA10 laptop computer, of a value in excess of $1,000.00, the property of an NCO (000308); in a sworn written statement to CID, wrongfully and unlawfully make under lawful oath a false statement in substance as follows:  I did not know that the NCO owned a laptop computer and didn't know where he kept it, which statement the applicant did not then believe to be true (000308);  wrongfully and unlawfully make under lawful oath a false statement in substance as follows:  I have no knowledge as to who stole the NCO's computer which statement the applicant did not believe to be true (000308).  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 commanders recommended approval of an under other than honorable conditions discharge.  On 22 November 2000, 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. 

       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, 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 issue and determined that 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,  the analyst acknowledges the applicant's successful military service prior to the the misconduct that led to the discharge under review.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       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: 7 June 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: [redacted] 

Exhibits Submitted: 111-page Military Personnel File which included:  3 chararcter references from members of Vermont Army Nat'l Guard, DD Forms 214, DA Forms 2166-7, DA forms 1059, Achievement Certificates, Appointment Orders, Letter from Member of Congress, OCLL Action Memo, NGB Form 22, US Navy Forms/Certificates, Letters of Recommendation and other documents.   


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






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 AR20090013284
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