Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that when he went to pick up his stepson from a friend’s house, the friend’s mother offered him alcoholic beverages and seduced him.  The company commander was new and didn't know the applicant as a Soldier and tried to give him an Article 15; however, it was not approved.  He was given extra duty, CQ, and his leave was denied for over a year.  His 1SG understood the situation although he could not do anything, and the applicant could not take the punishment anymore.  He understands he is married; however, he was too intoxicated to make a rational decision.  He was always a great Soldier and had never been in any type of trouble before.  He was not allowed to change units and his command was trying to give him a BCD.  That was when he realized he had to accept a chapter 10 discharge.  He would like to continue his career in the Army he loves defending his country.

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: 110518
Discharge Received: 			   Date: 110829   Chapter: 10      AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: Company B, 1st Battalion, 12th Infantry Regiment, 4th Infantry Brigade Combat Team, 4th Infantry Division (Mechanized), Fort Carson, Colorado  

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:  34
Current ENL Date: 070511    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4  Yrs, 3 Mos, 18 Days ?????
Total Service:  		6  Yrs, 0 Mos, 0   Days ?????
Previous Discharges: 	RA 050830 - 070510/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 11B30 Infantryman   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (090228 - 100503), Iraq (070209 - 080414)
Decorations/Awards: ARCOM x 2, AAM, AGCM, NDSM, ACM w/CS x 2, ICM w/CS, GWOTSM, ASR, OSR x 2, NATO MDL, CIB

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 18 May 2011, the applicant was charged with wrongfully having sexual intercourse with Mrs. CM, a married woman not his wife (100826); aided a child in violating Colorado Revised Statute Section 18-13-122, Illegal Consumption of Ethyl alcohol by an Underage Person, by providing alcohol to Mr. CR, a child under the age of 21, contributing to the delinquency of a minor (100826).  
       
       On 10 August 2011, 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 a general, under honorable conditions discharge.  
       
       On 11 August 2011, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of general, under honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       
       The record contains Military Police Report #03612-2010-MPC056. 

       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 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.  
       
       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 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: 30 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 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						
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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110024245
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