Applicant Name:  ?????

Application Receipt Date: 2010/04/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after leaving active duty she joined the USAR and served in active duty for a total of 5 years, 4 months, and 23 days and earned several honorable characterizations of her service.  She is now back in the Regular Army since 1 November 2007 and continues to serve without incident.  

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: 960318   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Co, 26th CS Bn, Fort Stewart, GA 

Time Lost: None

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:  32
Current ENL Date: 940803    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 06Days ?????
Total Service:  		14 Yrs, 07Mos, 05Days ?????
Previous Discharges: 	RA 810814-880327/HD    
                                       RA 880328-910116/HD
                                       RA 910117-940802/HD
                                       USAR 810130-810813/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91B10/Medical Spc   GT: NIF   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM-2, AGCM-4, NDSM, NCOPDR-2, ASR, OSR-2, ASR

V.  Post-Discharge Activity
City, State:  Fort Benning, GA
Post Service Accomplishments: After leaving active duty the applicant served in the USAR and earned an honorable discharge.  She rejoined the Regular Army on 1 November 2007 and continues to serve.  She has achieved the rank of SSG and has received four honorable discharges since leaving the Army in March of 1996.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record does not contain all of the documents related to the filing and approval of the Chapter 10 request in lieu of trial by court-martial.  The available evidence of record shows that the applicant was charged with failing to report (941025), missing movement on two occasions (951026 and 951028), disobeying a lawful order from a superior commissioned officer (951027), dereliction of duties (951012-951028), and submitting a false statement (951026).
       The applicant having been arraigned, the proceedings of the Court-Martial were terminated by withdrawal of charges by the convening authority on 6 March 1996.  Due to the subsequent administrative discharge of the applicant from the service under the provisions of Chapter 10, AR 635-200, the charges and specifications were dismissed.
       
       The record contains 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, for the good of the Service in lieu of trial by court-martial with a characterization of service of general, under 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 "3."   
       
       On 18 March 1996, the applicant was discharged from the Army with a general under 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, 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 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 would’ve 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 would have been aware of it prior to requesting the discharge.  
       
       The applicant contends that her house had been burglarized.  She went on leave, and upon her return, turned down an Article 15 for missing movement and requested a court-martial.  However, the analyst is unable to determine whether her contentions have merit because the facts and circumstances leading to the discharge or the filing of the court-martial charges are not documented in the record.  The burden of proof remains with the applicant 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 her responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Furthermore, the analyst acknowledges the applicant's successful return to active duty and noted the many accomplishments outlined in the documents 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, the analyst determined 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 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, enlistment contract, oath of extension, DD Forms 214.

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 AR20100012252
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