Applicant Name:  ?????

Application Receipt Date: 2009/08/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Since my discharge in 1999, I have been pursuing a career in the criminal justice field, and I believe my chances of being accepted in the Criminal Justice Field will highten with my military discharge being upgraded.  I am presently attending Kaplan University, pursuing a career in criminal justice/forensic psychology.  I will complete my final three classes as of October 6, 2009, with a Bachelor of Science Degree.  I have been enrolled since April 25, 2006.  I have a GPA of 3.7-3.9, received the President's List Honor Award twice since my enrollment and made the dean's list 6 times.  Presently I have completed 171 credits of the 180 credits necessary to graduate.  Enclosed is my grade report for the term of May 2009, along with a copy of two awards received during my enrollment at Kaplan University.  My main interest is working in criminal justice field to help individuals (especially juveniles) to become productive members of society through counseling, training education, and progressive self-development.  I have an enormous interest in preventing individuals from repeating his and /or her mistake(s) and that is my main reason for the steps I have taken to improve my self through education and self-discipline."

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: 000802
Discharge Received: 			   Date: 001109   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Co W, 244th QM, 23rd QM Bde, Fort Lee, VA 

Time Lost: AWOL x 1 for 1375 days (960107-991011), mode of return unknown.

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: 950815/ADT    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 01Days Includes 391 days of excess leave (991016-001109).
Total Service:  		01 Yrs, 07Mos, 28Days ?????
Previous Discharges: 	USAR-950519-950814/NA
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: 102   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Since discharge in 1999, the applicant has been pursuing a career in the Criminal Justice Field.  States that she will complete her final three classes as of October 6, 2009, with a Bachelor of Science Degree.  She has been enrolled since April 25, 2006, has a GPA of 3.7-3.9, received the President's List Honor Award twice since her enrollment and made the dean's list 6 times.  Presently she has completed 171 credits of the 180 credits necessary to graduate.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 October 1999, the applicant was charged with AWOL (960107-991012).  On 15 October 1999, 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 did not submit a statement in her own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  On 18 September 2000, the separation authority approved the discharge with an under other than honorable conditions discharge.

       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 documents, and the issues submitted, 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.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  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. 
       
       Furthermore, the analyst noted the applicant's issue that her chances of being accepted in the Criminal Justice Field will heighten with her military discharge being upgraded; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Kaplan University Official Grade Report, President's List Honors and Dean's List Honors Certificates, and DD Form 214 for the period of service under review.

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: NA
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 AR20090014494
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