Applicant Name: ????? Application Receipt Date: 2009/07/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: "This is the discharge that I agreed to initally and was granted by MAJ Gen G." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 061011 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: Co B, 3d Sqd,1st Cav,3rd BCT, Ft. Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 040309 Current ENL Term: 3 Years 16 Weeks Current ENL Service: 2 Yrs, 7 Mos, 28 Days ????? Total Service: 2 Yrs, 7 Mos, 28 Days Time in service is incorrect (erroneonsly included one month of Delayed Entry Program) and corrected from his Enlistment Contract. Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: NIF EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM V. Post-Discharge Activity City, State: Macon, GA 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 that led to the discharge from the Army; however, the evidence of record shows that on 11 October 2006, the separation authority approved the discharge with a characterization of service of general under honorable conditions. Further, the record s contains a DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service 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., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." 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 and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. Other than the approval document provided by the applicant, the only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. In the absence of information 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. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge was proper and equitable and recommends to the Board to deny relief. Additionally the analyst determined that notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "under other than honorable conditions." In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 24, to indicate character of service as general under honorable conditions asapproved by the seperation authority. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 May 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions. In view of the error, the Board directed that an administrative change be made to block 24, character of service to "General, Under Honorable Conditions”, as approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: 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 AR20090011786 ______________________________________________________________________________ Page 1 of 3 pages