Applicant Name: 

Application Receipt Date: 2010/12/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was wrongly accused of recruiter misconduct, I was accused by fellow NCO's whom at the time, where facing charges of recruiter misconduct along with the chain of command, I was moved from the 
  [ redacted ] BN to the [ redacted ] BN, only to face a court Marshall back in the [ redacted ] BN, All the NCO's that I worked with, who also where facing charges had PCS, out of the State of [ redacted ], along with our chain of command, at the time, I was the only person in the office, seeing a doctor for depression and type II diabetes, so I was not recruiting do to my health, I was on the way to ETS, all of my contracts where given to me by my fellow NCO's, I do believe, that I was the fall guy for this. for one, I was heavily depress person with high blood sugar and overly stressed and seeing a Doctor, My Lawyer at the time informed me that the [ redacted ] BN, will not bring any of the NCO's that PCS back to [ redacted ], and during the investigation our BNSM and some of his staff had PSC, and our COL had put his retirement paper work in, and that got approve the same week, for one, how can people PSC, and move on, when there is an Investigation going on,  This Investigation lasted from around 2005 to 2007, and I do believe that in that time frame they had time to put their duck in order and fine a person to put this on, I was do to ETS 20070907, and I was the only person who was not married or had kids at the time, which made me an easy target, everybody in our office was suspended from duty from around 2005 to 2007, I'm a 6'6 260 lbs black man, how can I sneak into a high school, log onto a school computer, punch in names and print out high school transcript, The [ redacted ] BN job is to verify documents that people bring in, and how can I hide a persons criminal past when we do FBI live scans, also if people lied to get into the Army, why are they still in.  I do believe also all this was to avoid a law suite, it was much easier to put all this one person, than 250 people and the Army.

     I have been trying to find proof to clear my name for some time now, I been going up to [ redacted ] country for over two years now, trying to find out how did this happen, The Army recruiting command kept this all quite. but here is what I look at, all the NCO's are still in the Army, all the people whom lied to get in are still in the Army, I was moved out of the [ redacted ] BN to [ redacted ] BN only to face court in the [ redacted ] BN, this would not had been fail, all the NCO's involved in this command had PSC them, and the person who started the investigation was a SFC [ redacted ], the person whom spoke out in basic training about SFC [ redacted ], never gave his statement, I can't look for any info in [ redacted ] country no more, due to the gangs in the city [ redacted ], are telling me not to return asking questions about this.

     I asked the [ redacted ] school district to account for all the schools seals, they are all their.  I cannot tell how a high school transcript would look like, or how an ID would look like, I had no training for this, but [ redacted ] Meps, 
[ redacted ] BN had training, it is their job to look for fake stuff, and only the Chain of command can look into stuff like that, When they take their test for the asvab, they need to show ID, I don’t work for MEPS or at the test centers, I always gave out a street map, on how to get there, the test center is located outside the main gate at [ redacted ], They had a real that no recruiters were aloud at the test centers.  I had to take a deal of in lieu of court Marshall, due to the fact I would had never had a fair trial, and my Lawyer said that even if they prove one thing, I would loose all my VA benefits.  I am still trying to find out more info that can clear me, I fould out that a NCO that I worked with, married a Army recruit, and that same NCO, spent a week in Jail in [ redacted ] county, I also found photos, and marriage documents". 

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: 070913
Discharge Received: 			   Date: 071217   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: US Army Recruiting Company Gold Coast, Oxnard, CA
 

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:  31
Current ENL Date: 030918/Immediate Reenlistment    Current ENL Term: 4 Years  ?????
Current ENL Service: 	4 Yrs, 02Mos, 29Days extended for final disposition of court-martial
Total Service:  		13 Yrs, 02Mos, 17Days ?????
Previous Discharges: 	RA 980407-030917 (Continuous Honorable Service)
                                      USN 951212-960802/HD 
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 63M14 H8 BFV Sys Mnt   GT: 130   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM x3, ACGM, NDSM, GWOTSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Sherman Oaks, CA
Post Service Accomplishments: The applicant has attended Los Angeles Valley College

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 September 2007, the applicant was charged with:
       - wrongfully falsifying, assisting in falsifying a HS transcript pertaining to 13 Soldiers qualifications for enlistment, option bonus and /or benefits between on or about (040520 and on or about 060201),
       -violated a lawful general order by wrongfully using a ringer to take the ASVAB examination for 4 Soldiers between on or about (040520 and on or about 060201),
       -effect the enlistment of a Soldier knowing that the said Soldiers x5 were ineligible for enlistment because they did not have a valid Armed Services Vocation Aptitude Battery score (050421-060201),
       -with intent to deceive, sign an official record  which was known to be false x2 (050706-050905),
       -with intent to decieve make to Mr. MP a false statement (060306),
       -wrongfully ask PFC PC an applicant for $1000 as compensation for services rendered of his enlistment as a qualified person (051104-060201).
       
       On 22 October 2007, 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 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 unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  
       
       On 29 October 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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 and documents 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.  
       
       Therefore, the analyst determined 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: 25 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 and 209 pages of school regulations, letters of character, mental health records, recruiting environment, county clerk records, NCOERs, Army regulations, 2 CD of photos

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: 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 AR20100028951
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