Applicant Name:  ?????

Application Receipt Date: 2011/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she views her discharge as unjustifiable and requests an upgrade to honorable based on her 13 years of service.  

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: 091223
Discharge Received: 			   Date: 100407   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Combat Support Company, 2nd Battalion, 29th Infantry Regiment, 197th Infantry Brigade, Fort Benning, GA 

Time Lost: Civilian Confinement x 1 for  106 days (091209 - 100325), returned to unit.

Article 15s (Charges/Dates/Punishment): 091121, without authority, failed to go at the time prescribed to her appointed place of duty, (091021) and (091016); treated 1SG B with contempt, by disregarding his commands and continuing to walk down the hall and out the building then driving away in her car, (091022); disobeyed a lawful order from 1SG B, “to answer her door,” (091022); made a false official statement with intent to deceive SSG J, “the applicant had been discharged from the Troop Medical Center,” (091019); applicant demanded a trial by court-martial, (FG).  

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  44
Current ENL Date: 081230    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1     Yrs, 3   Mos, 7    Days ?????
Total Service:  		15   Yrs, 10 Mos, 15  Days ?????
Previous Discharges: 	ARNG 840522 - 870113/HD
                                       ARNG 870114 - 910504/HD
                                       USAR 910505 - 960515/HD
                                       ARNG 960516 - 971203/HD
                                       RA       971201 - 991201/HD
                                       RA       991210 -030806/HD
                                       RA       030807 - 081229/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M20 Motor Transport Operator   GT: 94   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080410 - 090527)
Decorations/Awards: ARCOM, AAM x 3, AGCM x 4, NDSM, AFREM, GWOTSM, ICM w/CS, ARCOT

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 December 2009, the applicant was charged with making a false official statement to SSG J,  with intent to deceive, “I [SGT L] have been discharged from the Troop Medical Center,” (091019); derelict in the performance of her duties in that she negligently failed to attend Non-Commissioned Officer training, (091016); did treat with contempt 1SG B, by disregarding his commands and continuing to walk down the hall and out the building then driving away in her car (091022); willfully disobeyed 1SG B, ‘to answer her door,’ (091022).
       
       On 3 March 2010 and again on 17 March 2010, 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 she understood that she 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 her own behalf.  The unit commander and intermediate commanders recommended approval of a general, under honorable conditions discharge.  
       
       On 16 March 2010 the separation authority disapproved the Chapter 10 request submitted 3 March 2010.  
       
       On  24 March 2010, the separation authority approved the Chapter 10 request submitted on 17 March 2010 and directed the discharge with a characterization of service of general, under honorable conditions.  

       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 the applicant’s available military records, 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. 
       
       The analyst acknowledges the applicant's length of service; however, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.
       
       The applicant contends that her discharge was unjustified.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that she was unjustly discharged.  In fact, the applicant’s Article 15 under the Uniform Code of Military Justice and negative counseling statements justify her discharge.  Additionally, the applicant indicated in her request that she understood she could receive a under other than honorable 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: 16 December 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, with documents from OMPF, discharge packet documents and a DD Form 214

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: ?????

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder







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 AR20110010606
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