Applicant Name:  ?????

Application Receipt Date: 2009/09/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Not long after beginning basic training I became aware that my marriage was in trouble and I had a daughter. I discussed the problem my Drill Sergeants, Chaplin, Executive Officer etc and nothing was available to me to be discharged. I worked as hard as I could while things at home continued to deteriorate and completed basic training and advanced infantry training. Even with the stress of my family life I came to take pride in my accomplishments in pre-qualification with my rifle I shot expert and only missed expert by a few shots in qualification. I made many friends and began to develop confidence and camaraderie with my platoon.  Coming back from FTX I walked 18 miles with a huge blister on one of my feet and it was extremely painful. I watched as others dropped out and I kept thinking how easy it would be to do the same  and get some relief from the pain but I forged ahead and when we got back to the barracks I was so proud of myself tears began to roll down my cheeks.
Approximately half way through Bradley training (some time in September 1997) I became aware that my wife was not being faithful and I was worried about my daughter’s future in this environment and I had to think about her needs before my own so while on weekend pass I went home. I was unable to reconcile things with my wife but was able to relocate us to my parents house then in October 1997 I turned myself in to the JAG office in Tacoma, WA and was sent to Fort Sill to be processed out of the Army. I returned home and went to work 2 weeks later as a holiday hire for a retail store and worked my way up into management within 2 years and worked as a manager for another 2 years. Got another job with a bank at a helpdesk and worked my way up to supporting a platform of servers over 7 and half  years. I would very much like to get my current under other than honorable conditions upgraded to honorable discharge for the following reasons.

I made every effort to work with the Drill Seargents, Chaplin, XO, First Seargent, and CO

I finished Basic training and advanced infantry training

I have been working hard in the community for the past 12 years and have worked my way into leadership positions at 2 different companies.

I am a hard working person and would very much like to return to serve in the armed forces and regain honor in this area serving my country.

If there is any way to expedite your consideration I would be most grateful."

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: NIF
Discharge Received: 			   Date: 980218   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 1/19th Inf, Fort Benning, GA 

Time Lost: AWOL x 1 for 39 days (970914-971022), surrendered.

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:  18
Current ENL Date: 970515    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 07Mos, 25Days Includes 110 days of excess leave (971031-980217).
Total Service:  		00 Yrs, 07Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: 11M10/FV Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he has been working hard in the community for the past 12 years and has worked his way into leadership positions at 2 different companies.

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 the 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 not authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, by reason of 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., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."  Further, evidence of records shows that on 11 February 1998, DA, US Army Field Artillery School and Fort Sill, Fort Sill, OK, Orders 042-0118, discharged the applicant from the Regular Army, effective date: 18 February 1998.

       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, the document, and the issues submitted with the application, 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 the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, by reason of in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  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.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       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.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 14 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: 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 AR20090016546
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