Applicant Name:  ?????

Application Receipt Date: 2010/05/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  “Growing up for me wasn’t easy. was in a broken family, not really knowing my mother or father. I was a good kid. I didn’t get into any trouble like many young men who join the army. Without parents, it is hard to pay for school and grow in society, so I took the advice of other family members and the military. The military was in the middle of Desert Storm, so I thought I could help my country.  During my service, I was a good soldier. I made my E-4 rank in less than 2 years of enlisting. I was a signal support specialist, 31 Uniform. I was physically fit, I had a passion to achieve and be the best soldier I could be. Throughout the time of my service, I wasn’t just an average soldier, but then again, I was.  During my service, I was hospitalized for a hernia operation. I had never been in a hospital before, Also, during this time, I was married without getting any guidance from any of my peers. When problems occurred, there were no proper procedures made by my chain of command. I was an emotional wreck. I then became unattached from my military enlistment and started going through a hard divorce. No one helped me get through any of this in a healthy way, neither physically nor mentally.  After my divorce, I lost hope in the military and left without permission and became AWOL. I was a stranger to myself. I was in a head-on collision, which has partially disabled me. The military found me in [redacted] Medical Center. I didn’t understand all the legalities of what I had done and they sent me back to Ft. Stewart, GA, where I was stationed before. I was put into a military hospital. My injuries were severe and I was in and out of 3 military hospitals during this time, until they discharged me with “other than honorable”.  I had less that 160 days left in my service of 4 years. I was led to believe then that I wasn’t losing my benefits by my Jag officer, but I never was placed anywhere. I needed stability at this point. I was not in a condition, medically, to handle a court martial. I was on medications as well with all my trauma. I did not understand that my military career discharge would hurt me throughout my life. I would not have agreed to let that happen.   Since my discharge, I have been in trouble and haven’t gotten positive help. I couldn’t go to school for a career. The military left me with no options to use benefits to help me find a way to be working in a civilized world and become an upstanding citizen.  The last 5 years of my life, I am a single father of 2 great kids. I’ve stayed out of trouble. I want someone to see how much of a better citizen and a productive man in society I can be with an Honorable Discharge. I want to have benefits so I can be more than I am. I believe that with all my history and how hard it is to have avenues for help, that maybe these facts will show how many young men need a chance and not be forgotten.  I want to be a good, upstanding veteran, Honorably Discharged.  I have never understood the discharge of myself from the US Army. No one explained what I was signing to the extent that, 10 years later, I would be negatively affected by a decision I made. I would be very pleased and thankful if my discharge could be changed from “Other Than Honorable” to “HONORABLE”, in light of my trauma condition and mental instability at the time of my discharge.”

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: 970115   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 164th AR Bn, Fort Stewart, GA 

Time Lost: 187 days, AWOL (951221-960625), apprehended.

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:  20
Current ENL Date: 931116    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 07Mos, 22Days ?????
Total Service:  		04 Yrs, 00Mos, 03Days Includes inactive service, contract not in OMPF
Previous Discharges: 	IADT 920818-930305/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31U10/Signal Spt Sys Spc   GT: NIF   EDU: HS or Equivalency   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Shelby, NC
Post Service Accomplishments: None listed

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 which 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 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."   
       
       The record shows the applicant was AWOL for 187 days, from 21 December 1995, until his apprehension on 25 June 1996.  The record also shows that while being transported to the airport he fled apprehension.  

       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 only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant.  The DD Form 214 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 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 it prior to requesting discharge.  
       Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 20 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Two character reference letters, criminal background check, a self-authored statement, DD Form 214 and a psychiatric evaluation 

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 AR20100015503
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