Applicant Name:  ?????

Application Receipt Date: 2010/06/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states,"This discharge was forced on me by my lawyer with no other option except jail time.  This discharge denies me mental medical help which is needed."

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: 100114   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 3-3rd Bsde Spec Trps Bn, Fort Benning, GA 

Time Lost: Confinement/Military Authorities for 27 days (091209-100105).  However, this period is not annotated on the DD Form 214 block 29 dates of time lost during this period.

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: 060302    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 	03 Yrs, 10 Mos, 13 Days ?????
Total Service:  		03 Yrs, 10 Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10 Wheeled Vehicle Mechanic   GT: 101   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070310-080514)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, MUC

V.  Post-Discharge Activity
City, State:  Erwin, NC 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 December 2009, the applicant was charged with failing to go at the time prescribed to his appointed place of duty x 10 (090622), (090714), (090716), (090825), (090826), (090902), (090908), (090908), (090909), (090910); behaving with disrespect toward a CPT (091209); wrongfully communicating a threat to Dr. EH, a threat to he would harm his chain of command if he had the means available (091123); and wrongfully communicating a threat to SPC FCA, a threat by saying he would kill everyone in battalion headquarters (091209).  On 17 December 2009, 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 he understood that he 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 his own behalf.  The applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 
       
       On 4 June 2009, the separation authority approved the Chapter 10 request with 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 issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that 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.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends that the discharge was forced on him by his lawyer with no other option except jail time.  The analyst found no evidence of arbitrary or capricious actions in consulting with legal counsel. 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.  
       
       Further, 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 and under stood he could receive an under other than honorable conditions discharge.
       
       The applicant also contends that the discharge denies him mental medical help which is needed.  The evidence of records shows that the applicant was treated in theater for depression and insomnia.
       
       On 8 December 2009, the report of mental status evaluation-addendum, indicated that the applicant was mentally responsible, able to distinquish right from wrong and adhere to right, has the mental capacity to under stand an participate in legal disciplinary proceedings, and psychiatrically cleared for any administrative action deemed appropriate by the command.
       
       Also, the record does not support the applicant's contention that he 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.  
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "3."  The analyst recommends that block 27 be administratively corrected to "4." 

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: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100608); Letter, Chief, Congressional and Special Actions, dated (100610); FOUO Cogressional, dated (100609); Congressional, Fax Transmittal Sheet, dated (100609); Congressional, Authorization Form, dated (100608); Control Sheet from SFMR-RBX-A, dated (100609); two (2) Applicant's Letter to Congressman; DD Form 214, dated (10114); and Medical Documentation consisting of forty two (42) pages. 

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 voted to direct ARBA Promulgation Team-Arlington to administratively correct block 27,  reentry eligibility (RE) code to "4."  Except for the forgoing modification to the applicant's reentry eligibility (RE) code, 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: The Board voted to direct ARBA Promulgation Team-Arlington to administratively correct block 27, reentry eligibility (RE) code to "4." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None








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 AR20100016889
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