Applicant Name:  

Application Receipt Date: 2012/02/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I believe my discharge is inequitable because of my 9 years in service this was an isolated incident.  I moved up the ranks to SGT and eventually SSG at a fast pace and at a young age.  I had nothing in common with the older Sergeants because of the difference of age.  At the time of my discharge I felt it was in my best interests not to fight the charge.  I was sexually confused throughout most of my years in the service.  Another Soldier and myself of the same gender engaged in sexual actions with one another, of both parties free will.  The fact that I was a SSG and the Soldier involved was a member of my platoon, was frowned upon by my superiors.  I was ostracized and felt like I had no choice but to leave the Army.  I was not given any type of guidance by my superiors; instead I was told that it was in the best interests of the military to accept the discharge.  Overall, I had a stellar military career, but unfortunately this act has overshadowed all my accomplishments and awards.  Back in 2001 the military had a policy of “Don’t Ask Don’t Tell”.  I only hope that now in 2012 the Board of Review will take a closer look at my military record and not my sexuality and upgrade my current discharge.”

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: NIF
Discharge Received: 			   Date: 010531   Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: 320th ENG CO (EU), Hanau, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990907, stole two musical CDs from the video store at the mini mall, a value of $24.98, the property of AAFES (990819); assaulted RCM by grabbing and pushing him (990819); reduction to E-5; forfeiture of $800 per month for two months, suspended, to be automatically remitted if not vacated before (000305); (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27 
Current ENL Date: 000420    Current ENL Term: 5  Years  7 Months
Current ENL Service: 	1  Yrs, 1 Mos, 11 Days ?????
Total Service:  		9  Yrs, 7 Mos, 10 Days ?????
Previous Discharges: 	RA 911021 - 960222/HD
                                       RA 960223 - 980324/HD
                                       RA 980325 - 000419/HD

Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 82D3P Topographic Surveyor   GT: 117   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM x 4, AGCM x 2, NDSM, NPDR w/N2, ASR



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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, In Lieu Of Trial By Court-Martial, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., In Lieu Of Trial By Court-Martial) with a reentry eligibility (RE) code of "3." 
       
       The record contains a Memorandum of Reprimand dated 30 September 1999.  

       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, 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 applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, In Lieu Of Trial By Court-Martial, with a characterization of service of under other than honorable conditions.  Barring evidence to the contrary, 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's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to his discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, re-entry code as “3.”  In view of the foregoing, the analyst determined the re-entry code is inequitable and recommends to the Board that block 27, reentry code be changed to read “4.”
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 1 August 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.  Further, notwithstanding the propriety of the applicant's discharge, the Board voted to correct block 27, reentry code to read “4.”
        
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:




ARCHIE L. DAVIS III
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 AR20120004241
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