Applicant Name: ????? Application Receipt Date: 2008/05/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like to have his discharge changed so he can continue his military career. When he was discharged, he did it for the wrong reasons. He would like a chance to fix his mistakes. 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: NIF Discharge Received: Date: 970925 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HQ & HQ Company, 2nd Battalion, 502nd Infantry, 101st Airborne Division (Air Assault), Fort Campbell, KY 42223 Time Lost: AWOL x 1 for 146 days (970128-970623). Surrendered to the military authorities at Fort Campbell, KY 42223 and was transferred to Fort Knox, KY 40121-5000. 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: 960409 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 0 Mos, 20 Days Includes 86 days of excess leave from (970702-970925) Total Service: 1 Yrs, 0 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: 11C10 Indirect Fire Infantryman GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the applicant's DA Forms 4187, and the DD form 214, item 29 (Time Lost) indicates he was charged with AWOL from (970128-970623). The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, 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., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "3." Further, the evidence of record shows that on 19 September 1997, Orders 262-0179, DA, HQ, US Army Center, Fort Knox, KY 40121-5000, discharged the applicant from the Regular Army, with an effective date of: 25 September 1997. 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 a careful review of all the applicant’s available military records and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, 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. Furthermore, the analyst noted the applicant's issue; however, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. In view of the foregoing, 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: 6 March 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 2 No change 3 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080010601 ______________________________________________________________________________ Page 1 of 3 pages