Applicant Name:  ?????

Application Receipt Date: 2010/09/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he served honorably between 19960125-19981206, reenlisted, and also served honorably between 19981201-19990914. During those times, he was an exemplary Soldier with no adverse actions. He stopped receiving all military pay on his original ETS date of 19990416 and he chose to go awol on 19990914 to financially support his family (wife and five boys).  He is asking for this upgrade so that he can potentially reenter the Army Reserves as a Chaplain with an untarnished military record. Since exiting the Army, he has used the GI Bill to obtain two bachelor degrees from DeSales University and is now working full time as an Operations Manager for the Guardian Life Insurance Company of America and serves part time as an Associate Pastor for Agape New Testament Fellowship. 

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: 000203   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: D Company, 1/504th Parachute Infantry Regiment, Fort Bragg, NC 

Time Lost: AWOL x 1 from (990914-991014) for 31 days.  The applicant surrendered to the military authorities at Carlisle Barracks, PA.

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:  21
Current ENL Date: Reenl/981207    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 0 Mos, 26 Days ?????
Total Service:  		3 Yrs, 11 Mos, 8 Days ?????
Previous Discharges: 	RA 960125-981206/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11H1P Section Leader   GT: 123   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM (3), GCMDL, ASR, EIB, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that since exiting the Army, he has used the GI Bill to obtain two bachelor degrees from DeSales University and he is now working full time as an Operations Manager for the Guardian Life Insurance Company of America and serves part time as an Associate Pastor for Agape New Testament Fellowship. 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The DD Form 458 (Charge Sheet) informing the applicant of the charges against him is not part of the available record and the analyst presumed government regularity in the discharge process.  On 5 January 2000, 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.  On 7 January 2000, the separation authority after careful consideration of the charge and its specification referred against the applicant, the chain of command and the recommendation of the Staff Judge Advocate, 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, the issue and document 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 he is asking for this upgrade so that he can potentially reenter the Army Reserves as a Chaplain with an untarnished military record.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The analyst concluded that the discrediting entry in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       The applicant further contends that since exiting the Army, he has used the GI Bill to obtain two bachelor degrees from DeSales University and is now working full time as an Operations Manager for the Guardian Life Insurance Company of America and serves part time as an Associate Pastor for Agape New Testament Fellowship.  The analyst acknowledges the applicant’s issue outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, those accomplishments do not provide the Board a basis upon which to grant relief.
       
       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: 18 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 9 September 2010, DD Form 214 for the period of service ending 3 February 2000.

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: 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 AR20100023692
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