Applicant Name:  ?????

Application Receipt Date: 2010/05/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her discharge is currently "Under Other Than Honorable Conditions" and she wants it upgraded to "General, Under Honorable Condtions."  She was discharged on July 3, 2003, after agreeing to a Chapter 10 separation that was given to her for falsifying official documents. Since arriving at her unit in January 2000, she was nothing less than an outstanding Soldier, who rose through the ranks with no problem. 

She was promoted into the ranks of a noncommissioned officer with only 2 years of active duty service. Since 2005, she has been constantly employed as an Army Contractor working in the logistics field. She would like to be able to list her military experiences and know that without a doubt that they will not hinder her, because her resume and military record is tainted by her discharge. Other than the one time in question, she never received any negative counseling or any type of negative disciplanary actions. She would like to be able to apply for jobs that require a Top Secret Clearance, but immediately when potential employers see her discharge, she is deemed as not qualified.  

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: 030421
Discharge Received: 			   Date: 030702   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HQ & Company A, 

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:  19
Current ENL Date: Reenl/011003    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 0 Days ?????
Total Service:  		3 Yrs, 11 Mos, 26 Days ?????
Previous Discharges: 	RA 990707-011002/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 98   EDU: HS Grad   Overseas: Hawaii (000108-030702)   Combat: None
Decorations/Awards: AAM (4), GCMDL, NDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that sine 2005, he has been constantly employed as an Army Contractor working in the logistics field.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 April 2003, the applicant was charged with signing an official record (DA Form 5960), which was false on (020731), stole basic allowance for housing, of a value of $4,824.64, the property of the US Government, between on or about (020731-021231), and made a false and fraudulent claim against the US Governement in the amount of $4,824.64 on or about (020731).  On 16 April 2003, 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 did not submit a statement in her own behalf.  On 21 April 2003, the Trial Defense Counselor in a memorandum for record indicated that he spoke with the chain of command regarding the applicant's Chapter 10 request and they all recommended approval.  On 21 April 2003, 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 issue that she has been constantly employed as an Army Contractor working in the logistics field and that she would like to be able to list her military experiences and know that they will not hinder her.  Her resume and military record is tainted by her discharge and other than the one time in question, she never received any negative counseling or disciplanary actions.  She would like to be able to apply for jobs that require a Top Secret Clearance, but immediately when potential employers see her discharge, she is deemed as not qualified. 
       
       The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, the analyst congratulates the applicant on her work achievements since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 4 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 28 April 2010.

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 1    No change 4
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 AR20100015183
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