Applicant Name:  ?????

Application Receipt Date: 2012/03/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable discharge.  He contends his service was faithful and honorable with many accomplishments.  He further contends the SGM was racist.  He also contends he suffered from Post Traumatic Stress Disorder (PTSD).   

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: 090616
Discharge Received: 			   Date: 090626   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 525th Battlefield Surveillance Brigade, Fort Bragg, NC 

Time Lost: AWOL for 15 days; (080825-080909), mode of return unknown.  This period of AWOL is not annotated on the applicant's DD Form 214 block 29, dates of time lost during this period.

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: 070621    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02  Yrs, 07  Mos, 23  Days ?????
Total Service:  		09  Yrs, 02  Mos, 13  Days ?????
Previous Discharges: 	RA-000414-030724/HD
                                       RA-030735-070620/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 35M1P Human Intelligence Collector/42A1P Human Resources Spec   GT: 121   EDU: Associate Degree   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM-5, AAM-4, AGCM-2, NDSM, GWOTSM, NPDR-3, ASR, MOVSM,  

V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: The applicant submitted a letter that shows he is the Program Director/Case Manager of the [ redaced ], a program of the non-profit organization Veterans [redacted].  He helps homeless, substance abusers, mentallly ill, and alcoholic veterans rebuild their confidence, self-esteem, and their families, also help veterans find housing and jobs to be productive members of society.






 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 14 May 2009, the applicant was charged with intent to deceive, by making to the U.S. Army, a false official statement, that he served in Afghanistan for seven months (061109); making to the U.S. Army, a false official statement, that COL MSM approved the Combat Action Badge (061215); making a false official statement to CW3 JDG, that he was awarded the Bronze Star Medal, Air Medal, Combat Action Badge and the Air Assault Badge (071212); making a false official statement to 1SG TGP that he signed in and out of the brigade for leave (080910); wrongfully and without authority wearing upon his uniform the following: the Combat Action Badge, the Air Assault Badge, the ribbon representing the Bronze Star Medal, the ribbon representing the Air Medal, and the Overseas Service Bar (061103); willfully and unlawfully alter a public record, a DA Form 2166-8, NCO Evaluation Report for the period (0411-0505), between (050706-060128); attempting to willfully and unlawfully appropriate with intent to alter a public record, the DA Form 647, Personnel Register (Leave Sign-in/Sign-out Log), of 525th Battlefield Surveillance Brigade (Rear) (Provisional) (080911); and without authority, absenting himself from his unit (AWOL) (080825-080909).  
       
       On 21 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 he understood he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  The intermeditae and senior intermmediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       
       On 18 June 2009, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. 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 during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that 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 that the applicant was aware of that prior to requesting discharge.  By the misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable discharge.
       
       
       The applicant contends his service was faithful and honorable with many accomplishments. The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct.
       
       The applicant further contends the SGM was racist.  Although the applicant alleges that he was a victim of racism during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.
       
       The applicant also contends he suffers from PTSD.  The record does not support the contention that the applicant suffers from  PTSD and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       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: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, (120327); Certificate of No Penal Record, dated (120229); Certifcate, Family, Career and Community Leaders of America, dated (111027); Certificate of Appreciation, dated (110810); Certificate of Commendation, dated (110304); and Letter, Veteran Homestead, Inc. dated (120228). 

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: None

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 AR20120006007
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