Applicant Name:  ?????

Application Receipt Date: 2011/10/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after the Article 32 investigation she started to fall apart and finally decided to receive counseling.  After her acquittal, she reached out to her attorney so that she could stop the Chapter 10 and prove her her innocence and get her life and career back.  Within a week of putting in her request to have her Chapter 10 stopped, it was denied and the Chapter 10 was approved and she felt as though that was unfair after so many months of the prosecutor not doing anything with it.  She felt as though it was approved because she had a great chance to also be proven not guilty.  She felt like the paperwork was delayed so the prosecutor could see what the outcome was of the first c--accused before making a decision on her chapter.  All she wanted to do was to serve her country and she is asking for another chance to make things right and to have her chapter 10 discharge set aside.

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: 110207
Discharge Received: 			   Date: 110215   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Charlie Company, 84th Chemical Battalion, 3rd Chemical Brigade, US Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO. 

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:  18
Current ENL Date: 091028    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 3  Mos, 18  Days ?????
Total Service:  		1 Yrs, 9  Mos, 18  Days ?????
Previous Discharges: 	ARNG  090325-090411/NA
                                       ADT     090512-090924/HD
                                       ARNG  090925-091027/NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 30 August 2010, the applicant was charged with oral sodomy (100530), engaged in sodomy, sexual acts and sexual contact with an Airman, PFC and a SFC (100530), committed sodomy with the Airman by force and without consent (100530), and wrongfully had sexual intercourse with a SFC, a married man not her husband (100530).  On 29 September 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 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 submitted a statement in her own behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 29 September 2010, the applicant after consultation with her defense counsel requested testimonial immunity and order to testify in the case of United States v. the Applicant.  On 7 February 2011, 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 available military records during the period of enlistment under review, the issues and document submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length of the applicant's service, the honorable characterization of service from the Army National Guard and the circumstances surrounding her discharge, mitigated the discrediting entries in the service record.  
       
       The analyst noted the applicant's issue requesting that her discharge be upgraded to honorable; however, by the misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. 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 discharge   Further, the applicant indicated in a memorandum (i.e., her offer to testify) dated 29 September 2010, that she agreed with the approval of her request for discharge in lieu of a trial by court-martial and also indicated that she was satisfied with the defense counsel who had been detailed to defend her and that his advise was in her best interest.  (See response to the issue below). 
       
       Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the applicant's characterization of service to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to Private/E-2.  
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 15 August 2011, in lieu of a DD Form 293, counsel's memorandum dated 15 August 2011, self authored statement undated.


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 AR20110020063
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