Application Receipt Date: 060627 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 030414 Discharge Received: Date: 030425 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: 40th Military Police Detachment, Fort Sill, OK 73503 Time Lost: None Article 15s (Charges/Dates/Punishment): 021209-having received a lawful order issued by the Commander, Regional Correctional Facility, fail to obey the same, by wrongfully fraternizing with a prisoner, (021001) and (021021), (Company Grade). 020701-on diverse occasions steal lawful currency of the United States, of a value in excess of $350.00, the property of a PV2, between on or about (020302) and (020414), (Company Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800921 Current ENL Date: 010426 Current ENL Term: 3 Years item 12a on the DD Form 214 is incorrect, should read (010426), see enlistment contract. Current ENL Service: 02 Yrs, 00 Mos, 00 Days ????? Total Service: 04 Yrs, 07 Mos, 25 Days The DD Form 214 does not reflect the applicant's prior active or prior inactive service, see previous discharges. Previous Discharges: ARNG-000204-011221/GD IADT-000306-000713/UNC (Concurrent Service) Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92G10 Food Service Spec GT: 80 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 26 March 2003, the applicant was charged with willfully and wrongfully damage by puncturing with a knife two tires, the amount of said damage in the sum of less than $500.00. the property of a SPC, (021223), and on diverse occasions steal United States currency, of a value of about $252.83, the property of a PV2 and MidFlorida Federal Credit Union, between on or about (030101) and (030131). On 1 April 2003, 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 she understood that she 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 her own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. The intermediate and senior intermediate commanders recommended approval of an under other than honorable conditions discharge. On 17 April 2003, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant has two Military Police Reports dated (021223) and (030207) in her Official Military Personnel File. 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 discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After careful review of all the applicant's military records during the period of enlistment under review and the issue she submitted, the analyst recommends that the applicant's request for an upgrade of her characterization of service be denied. 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 offense under UCMJ. 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 that the applicant was aware of this prior to requesting discharge. The analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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, voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009218 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages