Applicant Name: ????? Application Receipt Date: 2010/11/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states "I am trying to request that my separation code and my reentry code be upgraded for reenlistment. As for my type of discharge, i was not thinking of how it hurt my unit. I was being selfish and just plain dumb, thats why i'm asking for a new start. I was young and made a mistake and let myself, my country, and my unit down and i would like a second chance to serve my country and would do so with pride and respect for what it stands for if given the second chance. Thats why i'm asking for your help on the request for change so i can reenlist in the Army Reserves. I desperately want to get back in and will not disgrace my brothers and sisters again. Thank you for your time and your consideration." 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: 010920 Discharge Received: Date: 011005 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HQ & HQ Company, 5th Engineer Battalion, 1st Engineer Brigade, Fort Leonard Wood, MO Time Lost: AWOL x 1 from (010703-010809) for 37 days. The applicant surrendered to the military authorities at Fort Leonard Wood, MO. 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: 001005 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 10 Mos, 23 Days ????? Total Service: 3 Yrs, 2 Mos, 16 Days ????? Previous Discharges: ARNG 980611-980914/NA ADT 980915-990222/UNC ARNG 990223-001004/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92G10 Food Service Spec GT: 112 EDU: GED Cert Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 29 August 2001, the applicant was charged with AWOL from (010703-010814), signed and submitted an official document, which was false (001017), signed and submitted an official record, which was false (001017), presented a travel voucher to finance in the amount of $152.10, which was false and fraudulent (001017), wrongfully engaged in sexual intercourse with a woman, not his wife (010330), and wrongfully cohabitated with a woman, not his wife (010330). On 12 September 2001, 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 that 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 commander's recommended approval of an under other than honorable conditions discharge. On 20 September 2001, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank. The record contains a Military Police Report in reference to the applicant's offense of making an official statement, which was false dated 22 August 2001. 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, and the issue 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 noted the applicant's issue that he is requesting that his separation code and the reentry code be upgraded so that he can reenlist. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 10, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial", the separation code is "KFS," and the reentry code is "RE 4". Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. The applicant further, contends that he was young and made a mistake and let himself, his country, and his unit down and would like a second chance to serve his country and would do so with pride and respect for what it stands for if given the second chance. The analyst found that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 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: 15 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application dated 18 November 2010. 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 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100027939 ______________________________________________________________________________ Page 1 of 3 pages