Applicant Name: ?????
Application Receipt Date: 2010/06/03 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states "I have tried to uphold the many things that i was taught in the military such as dedication ,pride ,duty ,honor, respect,and honesty.Myself and my wife are currently disabled vets that served with pride until we made the mistakes of ourlives .I feel that i have learned a great lesson and in return am trying to be a better person.I know that i made a mistake ,a mistake that cost me dearly and for that i am sorry ,Idid not know the oppertunity i had and gave away until it was to late .I now have two children serving and a third on the way ,so i do understand the reprocussion of my actions very well and for this i apologize."
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: 020617 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: USMAPS MA, Fort Monmouth, NJ
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 35
Current ENL Date: Reenl/011127 Current ENL Term: 6 Years ?????
Current ENL Service: 0 Yrs, 6 Mos, 21 Days ?????
Total Service: 16 Yrs, 2 Mos, 20 Days ?????
Previous Discharges: USAR 860228-860527/NA
RA 860527-881005/HD
RA 881006-940502/HD
RA 940503-970502/HD
RA 970503-991117/HD
RA 991118-011126/HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 92G20 Food Service Spec GT: 101 EDU: HS Grad Overseas: Panama (891220-900120), Korea (910612-920714)-prior svc Combat: None
Decorations/Awards: ARCOM (2), AAM (8), NCOPDR, AFEM, ASR, OSR (2)
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 applicants 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 authenticated by the applicants signature.
The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, 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., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." On 7 June 2002, DA, HQ, US Army Communications-Electronics Command, Fort Monmouth, NJ, issued Orders 158-2 discharging the applicant from the Regular Army with an effective date of: 17 June 2002.
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 individuals 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 applicants 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 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 authenticated by the applicant. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, 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.
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 his responsibility to meet the burden of proof since the evidence is not available in the official record.
Additionally, the analyst noted the applicant's issue that he has learned from his mistake and trying to better himself now that he has two children serving and a thrid one on the way. The analyst considered the applicants 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.
Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and 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: 23 February 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: Online application dated 25 May 2010.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 AR20100015895
______________________________________________________________________________
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