IN THE CASE OF:	Mr. 

      BOARD DATE:	14 March 2014

      CASE NUMBER:	AR20130019546
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27, contains the erroneous re-entry code of 3.  The Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade the characterization of his service from under other than honorable to general, under honorable conditions or honorable, and to change the narrative reason for his discharge.

2.  The applicant states, in effect, his request for changes to his discharge is because he made a mistake as a young Soldier and being away from his new family, which he did not think of at the time.  His life has changed tremendously since and continues to change daily.  He is unable to obtain employment of his desire.  He needs to right the wrong.  He is currently enrolled in college in networking security, which is another reason he is applying for a second chance.  He wants to do it the right way by possibly returning and fulfilling his obligation in the Army.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 October 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	1 June 2000
	d.	Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial, AR 635-200, 
			Chapter 10, KFS, RE-3
	e.	Unit of assignment:	Chemical Aviation Company, U.S. Army Chemical 
			Activity, Pacific, Johnson Island
	f.	Current Enlistment Date/Term:	15 October 1997, 4 years
	g.	Current Enlistment Service:	2 years, 7 months, 17 days
	h.	Total Service:	2 years, 7 months, 17 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	55B10, Ammunition Specialist
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	Johnson Island
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 15 October 1997, for a period of 4 years.  He was 20 years old at the time of entry and a high school graduate.  He served on Johnson Island.  He was trained in and awarded military occupational specialty (MOS) 55B10, Ammunition Specialist.  His record documents no acts of valor or significant achievement.  He completed 2 years, 7 months, and 17 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet, which indicates that on 
13 March 2000, the applicant was charged with the following offenses:

   a.	violation of Article 107, UCMJ, by making a false official statement (000111);
   
b.	five specifications of violating of Article 121, UCMJ, by stealing a VISA credit card, property of Ms. H and merchandise of a value of $72.69, $254.72, $779.76, and $176.94, property of J.C. Penney and Eastbay (000107, 991221, 991218, 991217, and 991206);

c.	three specifications of violating Article 134, UCMJ, by wrongfully purchasing items using another individual’s credit card information and receiving items from the U.S. Postal Service (000111, 991207), and by wrongfully receiving and obtaining goods of a value of more than $1,000 within a year period through mails with a stolen credit card number (991207-000111).

2.  On 11 April 2000, 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.  The applicant indicated he understood 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 on his own behalf.  The unit commander and intermediate commanders subsequent recommendations for approval of an under other than honorable conditions discharge are not available in the record. 

3.  On 12 May 2000, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions, and the applicant to be reduced to the lowest enlisted grade, PV1/E-1. 

4.  The applicant was discharged from the Army on 1 June 2000, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling statements or actions under the Uniform Code of Military Justice.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he is currently enrolled in college with studies in networking security.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

3.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his characterization and a change to the narrative reason for his discharge was carefully considered.  However, after examining the applicant’s record of service, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  However, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3.  The discharge packet confirms the separation authority approved his request for discharge in lieu of trial by court-martial.  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for discharge in lieu of trial by court-martial will be assigned an SPD Code of KFS and an RE Code of 4.

2.  The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date.  

4.  The applicant contends that he was young and was away from his new family when he made a mistake.  His life has changed tremendously since.  However, the record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 

5.  The applicant has expressed his desire to rejoin the Service, to have better job opportunities and perhaps the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge the applicant should have been appropriately assigned a reentry eligibility (RE) code of 4.  An RE code of 4 cannot be waived and the applicant is not eligible to reenlist.  Further, 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.

6.  The applicant contends he is currently enrolled in college.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

7.  Therefore, the reason and characterization of service being both proper and equitable, recommend the Board deny relief.  However, in view of the foregoing and notwithstanding the propriety of the discharge, recommend the Board change block 27, reentry code to 4, as approved by the separation authority.   

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date: 14 March 2013     Location: Washington, DC

Did the Applicant Testify?  Yes

Counsel/Representative:  yes [redacted]

Witnesses/Observers: None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents.

2.  The applicant presented the additional contention:

	a.  Change the narrative reason to ‘Secretarial Authority’.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		4
Grade Restoration to:		NA
Other:  				NA

Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130019546

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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