Applicant Name:  ?????

Application Receipt Date: 2009/12/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "The paperwork states that he was discharged rather than endure a court martial hearing, Mr. R was never actually given the option of facing the Board.  Understand the intricacies required to orchestrate a court martial hearing are numerous as well as tedious, but ethically a member is still to be given that option.  The character of service or type of discharge is also incorrect.  If a member has served less than 180 days, the commander has the option to give said member an Entry Level Separation.  Mr. R was in boot camp for approximately 139 days; therefore an “under other than honorable conditions” character of service would not be prudent, or even necessarily logical.  Mr. R also proceeded to report back to his duty station and turn himself in on his own cognizance and was then informed that he would be able to reenlist at a later date. He was never given a detailed and comprehensive explanation of the ramifications of his choices, nor was he given unabridged copies of his paperwork."  The applicant provided several character reference letters for the Board's consideration.

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: 070531   Chapter: 10     AR: 635-200
Reason: In Lieu of trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Co, 3-13th Inf Regt, Fort Jackson, SC 

Time Lost: AWOL, for  54 days (070104-070228), surrendered.

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 061115    Current ENL Term: 3 Years  21 weeks
Current ENL Service: 	00 Yrs, 04Mos, 19Days Includes 84 days of excess leave (070309-070531)
Total Service:  		00 Yrs, 06Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he is a supervisor at a State hospital.





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 that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service 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., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."   

       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 applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army.  The analyst noted that the applicant’s record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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.  

            In the absence of information 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.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge.  

            Furthermore, the analyst noted the applicant's issue that he served less than 180 days in the military and in Entry Level Status (ELS); however, he was discharged for AWOL which constitutes misconduct.  The applicant requested a Chapter 10 separation, which the applicant likely understood would result in an under other than honorable conditions discharge.  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. 

           In view of the foregoing, 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 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: None

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 is now inequitable.  The Board found that the extreme family circumstances surrounding his discharge, his post service accomplishments and achievements in the medical field as a psychiatric nursing assistant at a state hospital, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of a partial upgrade of the characterization of service to uncharacterized and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1", and restoration of grade to Private (E-2).  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 3    No change 2
(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: Secretarial Authority, under Chapter 5, AR 635-200, with the corresponding separation code of JFF.
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: Private (E-2)
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090021472
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