Applicant Name: ????? Application Receipt Date: 2009/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states; "When I initially joined I was basically a kid who just needed to get away from my home and family. Everyone said they were all great but they just aren't. I choose joined the army going for infantry believing airborne was the way to go and later realized that I not only should've chosen a career path but when I arrived at Ft. Benning and started to realize the people I started to surrounded myself around, I just did not want to be anything a like the others. Truthfully they were just retards who could grasp any idea of what it truly is to be a strong individuals, they are needed but I couldn't bend to being them. Every time they would sing cadences I would notice a sergeant walking the crowd whispering in their ear subconsciously implementing blind faith. It reminded me of all the "patriotic tactics" used during WW2, Uncle Sam, the reason why Blue Angels exist and the importance for military video games that are "just so fun to play." I'm really not as stupid as I continue to lead-on, not smart just aware enough. I did not want to become accepted or earn respect from morons. I left home to be around the same exact people without any connection to. Allow me to just say it the way it is, I understand the way it is but also the reason why it must be the way it is. I will always try to think I'm worth more, but I regret my decision and it does piss me off that I never completed my word. What I am asking for is a change in my re-entry code as well, that would allow me to re-enlist and complete my term. I've been trying to be apart of society but I can't, I feel that this decision really, got the best of me. Most of my family were always Air Force, even my moms dad, I chose Army because I used to play it when I was a child, started from a tv show called Tour of Duty. I guess I don't really need to go back to move my life toward a positive path honestly, but I do need to in order to have a reason to do so. My re-entry code stands as a 4, I would need it changed into a 3. I believe." 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: 020322 Discharge Received: Date: 020516 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Co, 30th AG Bn, Fort Benning, GA Time Lost: AWOL x 2 for a total of 147 days; 46 days (011012-011126), surrendered; 101 days (011130-020310), surrendered. 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: 18 Current ENL Date: 010919 Current ENL Term: 03 Years ????? Current ENL Service: 00 Yrs, 03Mos, 01Days Includes 55 days of excess leave (020323-020516). Total Service: 00 Yrs, 03Mos, 01Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: 113 EDU: NIF Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Lakewood, CO Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 22 March 2002, the applicant was charged with AWOL x 2 (011012-011127 and 011130-020311). On 22 March 2002, 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 recommended approval of an under other than honorable conditions discharge. On 23 April 2002, the separation authority approved the discharge with an under other than honorable conditions discharge. 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 military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that 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 that the applicant was aware of that prior to requesting discharge. The analyst noted the applicant's issue reference changing his narrative reason for separation. However, 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", and the separation code is "KFS." 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 and separation code, entered in block 26 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. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code, was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090011311 ______________________________________________________________________________ Page 1 of 3 pages