Applicant Name:  ?????

Application Receipt Date: 2012/04/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he grew up in a small city with good Christian morals.  His family is active in the ministry.  He had never really experienced any excitement prior to joining the military and consequently let himself be persuaded to make a mistake and become intimidated.  He was young at the time only 18 and 19 years old and never wanted to leave the Army because his father and uncles had served in the Army.  He regrets everything that happened.  He tried to stop the events that led to his discharge; however, another Soldier tried to beat him up so he chose to be quiet and take his discharge.  He wishes he had served with honor and dignity and stood up for himself and had done the right thing.  He got caught up with the wrong crowd.  One night they went out, he thought they were going to a bar or club to have some fun and meet girls.  However, two of the other Soldiers he was with pulled out guns and said let's break into these rich people's houses.  The applicant was in the backseat and there wasn't anything he could really do.  One of the other Soldiers involved did not want to do it either; however, when he said “no,” “P” pointed a gun at him and threatened him.  They were pulled over by police and because there was stolen property and a gun in the trunk of the car the applicant had to spend three months in jail and he was also discharged out of the Army.  He lost everything due to peer pressure and fear.  He has learned from his mistakes and although he has made more mistakes since then he is definitely a better and more mature person.  Since his discharge he has earned a degree, has a daughter and works everyday.

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: 020607
Discharge Received: 			   Date: 020628   Chapter: 10      AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: Howitzer Battery, 1st Squadron, 2d Armored Cavalry Regiment, Fort Polk, Louisiana 

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: 000829    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1  Yrs, 9  Mos, 29  Days ?????
Total Service:  		1  Yrs, 9  Mos, 29  Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: Applicant states he has earned a degree and works everyday.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 June 2002, the applicant was charged with stealing some clothing, of a value of less than $500.00, stealing a telephone, of a value of less than $500.00, (011031); having in the nighttime, unlawfully broke and entered the barracks room of SPC RP, Jr.,  and the barracks room of SGT WVC, with intent to commit larceny therein (011031); having conspired with PFC MRE, PVT JCP, PVT KLW, and PVT TRD, to commit an offense under the Uniformed Code of Military Justice, to wit: burglary of the barracks room of SPC RP, Jr. and in order to effect the object of the conspiracy the applicant, PFC MRE, PVT JCP, PVT KLW, and PVT TRD broke into and entered a barracks room, (011031); having conspired with PFC MRE, PVT JCP, PVT KLW, and PVT TRD, to commit an offense under the Uniformed Code of Military Justice, to wit: burglary of the barracks room of SGT WVC, and in order to effect the object of the conspiracy the applicant, PFC MRE, PVT JCP, PVT KLW, and PVT TRD broke into and entered a barracks room, (011031).  
       
       On 11 June 2002, 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 an under other than honorable conditions discharge.  
       
       On 20 June 2002, 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 reduced to the lowest 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 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 acknowledges the applicant's successful transition to civilian life as indicated in his 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. 
       
       The analyst noted the applicant’s issue of youth and immaturity; however, there is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       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,” the analyst determined the reentry code should be changed to read “4,” as prescribed by appropriate regulation. 
       
       Furthermore, at the time of discharge, the applicant received an under other than honorable conditions characterization of service which constitutes a non-waivable disqualification, thus 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: 19 September 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, 4 sworn statements 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.

Notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, re-entry code as “3,” and voted that the reentry code be changed to read “4,” as prescribed by appropriate regulation.






















 
        
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 AR20120007121
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