Applicant Name:  ?????

Application Receipt Date: 2012/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, there is a financial coding error that reflects a BCD and court martial; consequently he has been unable to receive unemployment benefits or benefits from social services. 

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: 101116   Chapter: 10     AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: Special Troops Battalion, United States Army Central, Camp Arifjan, Kuwait 

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:  26
Current ENL Date: 081206    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1    Yrs, 11  Mos, 10  Days ?????
Total Service:  		10  Yrs, 4    Mos, 4    Days ?????
Previous Discharges: 	RA 000713 - 030904/HD
                                       RA 030905 - 050307/HD
                                       RA 050308 - 081205/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 56M30 Chaplain Assistant   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030410 - 040319) Kuwait (050113 - 050618), (051110 - 060318), (070712 - 080315), (080816 - 080920) and (100311 - 101023) 
Decorations/Awards: ARCOM, AAM x 4, AGCM x 3, AFEM, NDSM, ICM w/CS,  GWOTEM, GWOTSM, NPDR x 3, ASR, OSR, MUC

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 the commander's notification memorandum and charge sheet are not contained in the available record and the analyst presumed government regularity in the discharge process.  
       
       On 22 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 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 15 October 2010, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of general, under honorable conditions.  

       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 applicant's contention that there is a financial coding error that reflects a BCD and court-martial was noted; however, the analyst on review of the applicant's record found he was administratively discharged with a general, under honorable conditions discharge under chapter 10 of AR 635-200 and all pending court-martial charges were dismissed. 
       
       The analyst noted the applicant's issue that he is unable to receive unemployment benefits or benefits from social services; however, the Board does not grant relief solely for the purpose of gaining or enhancing any form of benefit opportunities.  Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 
       
       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: 22 August 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149, VA Right to Reconsideration, Request for Determination of Federal Military Service and Wages - UCX, DFAS Account Statement, 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:




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 AR20120006504
______________________________________________________________________________


Page 3 of 3 pages