Applicant Name:  ?????

Application Receipt Date: 2010/04/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "The conditions which occurred leading to my discharge were not acceptale and did not provide  a fair equity for my conditions which are a result of my honorable service in Afghanistan in support of Operation Enduring Freedom.  I would like to not to the Board my honorary service as a Military Police Personnel, both in Country and stateside until my transfer and frofile for light duty at West Point."

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: 070202   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: USA Garrison West Point, West Point, NY 

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:  26
Current ENL Date: 030821    Current ENL Term: 05 Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 12Days ?????
Total Service:  		03 Yrs, 05Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 31B10/Military Police   GT: 101   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (040426-041120)
Decorations/Awards: AAM, NDSM, AGCM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Bronx, NY
Post Service Accomplishments: The applicant states: "Since discharge, I volunteer and attend religious events and obligations, I also teach children athletics and nutrition, along with volunteering with the elderly."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 January 2007, the applicant was charged with the wrongful use of methadone between (061212 and 070112), wrongful use of cocaine between (061224-070124), wrongful possession of mirtazapine (070124), wrongful possession of Alprazolam (070124), on divers occasions failure to go at the time prescribed to her appointed place of duty between (061109 and 070104), derelict in the performance of her duties between (061002 and 061228), and disobeying a lawful command from a commissioned officer between (061223 and 061226).  
       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 submitted a statement in her own behalf which was not found in the available records.  The applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.
       
       On 1 February 2007, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires 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 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 she 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 applicant contends that her military defendant's counsel was questionable as to dedication and procedure in her defense, she was a victim of inappropriate advances and sexual harassment, and that her symptoms of PTSD were not clinically being addressed.  However, 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.  
       
       
       
       
       
       
       
       
       
       
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       The analyst acknowledges the applicant's in-service and post service 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.  
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27 "Reentry (RE) Code" to read "3."  The analyst recommends that block 27 "Reentry (RE) Code" be administrately corrected to read "4," as required by AR 635-5-1.  
       
       Except for the forgoing modification to the applicant's RE Code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, letter from The American Legion, dated 13 April 2010, self-authored letter, reference letter, Physical Profile, decision letter from the Department of Veterans Affairs (7 pages), and DD Form 214 for the period of service under review.

The applicant submitted one additionally document in support of his personal appearance hearing.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as result it is inequitable.  The Board found that the length and quality of the applicant's service to include her combat service, and her post service accomplishment, mitigated the discrediting entries in her service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  

Furthermore, the Board voted to direct the ARBA Promulgation Team-Arlington to administratively correct block 27, "Reentry Eligibility (RE) Code" to read "4."  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E5.





        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: The Board directs ARBA Promulgation Team-Arlington to administratively correct block 27, reentry eligibility (RE) code to "4."										
RE Code: 
Grade Restoration:   No   Yes   Grade: SGT/E5


































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 AR20100013535
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