Applicant Name: ????? Application Receipt Date: 2009/07/22 Prior Review: Prior Review Date: 081219/Denied/5-0 I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I request that my discharge be changed because it has been three years since my separation. I've developed and matured into a productive citizen, and is more that willing to serve my country again if the opportunity is granted. I've endured hardship, however the experience has given me wisdom, and I would like the chance to be an advocate to a soldier in need. My actions that dreadful day was unbecoming and was not in my character, due to Post Pardum Depression which went untreated resulted in illrational behavior. I take full responsibility and can confidently say that I am over it and are a changed woman." 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: 051109 Discharge Received: Date: 051209 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 559 Quartermaster CO, 260th Quartermaster BN, Hunter Army Airfield, GA Time Lost: None 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: 23 Current ENL Date: 030228 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 09Mos, 10Days ????? Total Service: 9 Yrs, 00Mos, 06Days includes 3 years, 2 months 24 days of inactive service Previous Discharges: USAR 961204-990825/HD ARNG 990826-000614/HD RA 000615-030227/HD Immediate reenlistment Highest Grade: E4 Performance Ratings Available: Yes No MOS: 42L10 Admin Sp GT: 94 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ARCOM, AAM, AGCM, NDSM x2, KDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: College Park, GA Post Service Accomplishments: The applicant states that she has volunteered at the Dept of Juvenile Justice for the past year, mentoring, and helping with programs for the youth. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 9 November 2005, the applicant was charged with stealing monies of the value of about $475 (050824) and wrongfully stealing certain mail matters (050831) all property of PFC F. On 18 November 2005, 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 submitted a statement in her own behalf. The unit commander and intermediate commander recommended approval of a Special Court-Martial empowered to adjudge a Bad Conduct Discharge. On 28 November 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The record contains an MP Report dated 7 October 2005. 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 and documents submitted with the application, 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. Furthermore, the analyst noted the applicant's willingness to serve her country again but 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. Further, even though the applicant stated that her character was altered due to post partum depression, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Additionally, 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. 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: 26 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: A self- authored document (1 page), letter of apology (2 pages), DD Form 214, character letters (10 pages), awards and decorations (8 pages), enlisted record brief (1 page), PLDC academic evaluation report (1 page); chronological record of medical care (10 pages), memorandum from Chief, Social Work Services (1 page) and a self-authored statement dated 20 May 2010 (1 page). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony 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: 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 AR20090012560 ______________________________________________________________________________ Page 3 of 3 pages