Applicant Name:  ?????

Application Receipt Date: 2009/12/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "Would like my re code be changed to a re3 or a re2 for. I had received dereliction of duty and a disrespect to a superior officer,I'm wandering if I can get this appealed so that I might re enlist back into the army so I can serve my country.  I believe that under the actions that I took would've and should've given me six months of confinement and to be recycled back through my group. I was kicked out of all services with a re4 code,Also asking for an appeal so that I might have my re code upgraded,so I can serve my country again. I'm asking for an appeal to my re code, I got dereliction of duty and disrespect toward a superior officer, I got six months of confinement and was given an re code of 4. I'm asking for an appeal, to that code so that I may re enlist and serve for my country."

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: None
Discharge Received: 			   Date: 080312   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Troop C, 5th Squadron, 15th Cavalry, Fort Knox, KY 

Time Lost: Pre-Trial confinement from (060608-060829) for a total of 82 days. 

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 060727, Special Court-Martial for being disrespectful x 2 towards a LTC, and a CPT, his superior commissioned officers on or about (060608); (060608), dereliction of duty, in that he failed to participate in training, as it was his duty to do on or about (060608), disrespectful in language x 2 towards a SGT TJR and a SFC BDC, two noncommissioned officers on or about (060608). He was sentenced to a bad conduct discharge and confinement for 6 months.  Only so much of the sentence as provides for confinement for 100 days is approved and will be executed.  The applicant's request for discharge under the provisions of Chapter 10, AR 635-200 was approved this date for the issuance of an under other than honorable conditions discharge, which he agreed to during his pre-trial agreement.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 060307    Current ENL Term: 6 Years  The applicant required a moral waiver at the time of enlistment, which was approved on (050708)
Current ENL Service: 	1 Yrs, 9 Mos, 14 Days The computation includes 561 days of excess leave from (060830-080312)
Total Service:  		1 Yrs, 11 Mos, 1 Days ?????
Previous Discharges: 	ARNG 060120-060306/NA
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
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 the applicant was charged with disrespect towards an officer x 2, dereliction of duty and disrespect towards a noncommissioned officer x 1, 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.  On 27 July 2006, the applicant entered a plea of guilty in accordance with his pre-trial agreement.  In this request, the applicant admitted guilt to the offenses, 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.  On 7 December 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  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, and the issue submitted with the application, the analyst found no mitigating factors which 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 the applicant was aware of it prior to requesting discharge. 
       
       The analyst noted the applicant's issues that he would like to have his reentry eligibility code changed to a 3 or a 2, so that he can reenlist back into the Army.  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.  
       
       The applicant further contends that he believes that under the actions that he took, he should have been given six months of confinement and recycled back through his group.   The analyst found no evidence of arbitrary or capricious actions by the command.  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.    
       
       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: 17 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 8 December 2009, a self authored statement dated 26 December 2009, and an Online applicantion dated 17 December 2009.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
















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 AR20100000043
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