Applicant Name:  ?????

Application Receipt Date: 2011/09/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "During my time in AIT, I had filed paperwork with my local courts in South Carolina for a hearing for divorce from my husband, who was in prison.  I anticipated that it would take some time to be granted a hearing, however, I was mailed a notice to my unit in Fort Lee, Virginia, that a hearing date had been scheduled for February 27, 2009.  I requested from my commander permission to attend the hearing, given that my marriage to this criminal was jeopardizing my chance to have custody of my children and because his status in prison caused me serious personal difficulties.  

My commander denied my request and told me to just wait and file for divorce again when I was out of training.  I feared another long wait and additional damage to my family if I stopped and restarted it, so instead of going through the appropriate channels to be granted the leave request, I erroneously decided to leave anyway to go to the court hearing.  I did, and was divorced, and during the time I was gone, I received a standard form letter regarding possible imprisonment for being AWOL.  In my fear, I decided to turn myself in to the Personnel Processing Center at Fort Knox, at which time I received a General-OTH discharge with a RE-4 code. 

I desperately wanted to be in the military, and had it not been for the pending divorce court action, I never would have made a choice to break the law as I did.  I deeply regret my decisions, as I had very high performance scores and had the ability to be a fine soldier.  I would respectfully request that my discharge be upgraded to a General with a reasoning to reflect my family-related issues, and I would also respectfully request that my RE code reflect an ability to re-enlist, as I would like the chance to right my wrongs now that I have corrected my life and to fulfill the obligation that I made to the United States.  It is with humility and remorse that I apologize for my actions and request a second chance with the United States Army."

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: 090520
Discharge Received: 			   Date: 090629   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Company M, 244th Quartermaster Battalion, Fort Lee, VA 

Time Lost: AWOL x 1 (090201-090502) for 92 days; the applicant surrendered to the military authorities at Fort Knox, KY.

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:  27
Current ENL Date: 080716    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 8 Mos, 12 Days The computation includes 53 days of excess leave from (090508-090629)
Total Service:  		0 Yrs, 8 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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 evidence of record shows that on 7 May 2009, the applicant was charged with AWOL from (090201-090503).  On 7 May 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 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 recommended approval of an under other than honorable conditions discharge.  On 17 June 2009, the separation authority 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 she requested from her commander permission to attend a divorce hearing, given that her marriage to a criminal was jeopardizing her chance to have custody of her children and because his status in prison caused her serious personal difficulties.  However, her commander denied her request and told her to just wait and file for divorce again when she was out of training.  The analyst found no evidence of arbitrary or capricious actions by the command.  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.  
       
       
       
       
       
       The applicant further contends that she feared another long wait would cause additional damage to her family if she stopped and restarted it; so instead of going through the appropriate channels to be granted the leave request, she erroneously decided to leave anyway to go to the court hearing.  The applicant contends she is entitled to an upgrade of her discharge because of mitigating circumstances which contributed to her misconduct.  Specifically, she claims her marital problems at home resulted in her discharge. 
       
       While the applicant may believe her marital problems at home was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from her problems through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Even though the applicant submitted a copy of her Final Decree of Divorcement, this document was not sufficiently mitigating to warrant an upgrade of her discharge and that she should not be held responsible for her misconduct.  
       
       The applicant request that her narrativer reason for separation be changed.  The applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with an under other than honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial” and the separation code is "KFS" with a reentry eligibility (RE) code of 4. 
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26 and the reentry eligibility (RE) code entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Finally, 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. 
       
       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: 7 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 31 July 2011.














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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110019310
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